Attorney Mark Weingart has an extensive amount of experience representing and defending persons charged with aggravated DUI. If you are pulled over for DUI and your child is in the car, you are driving with a suspended, canceled, or revoked license, or this is your third violation within seven years you will likely be charged with aggravated DUI.
MR. MARK WEINGART: Aggravated DUI is a felony, it's not a misdemeanor, and there are three ways that a person can be charged with aggravated DUI. The first and least serious is, even if you've never had a DUI in the past, but the first is if you have a child in the car with you and you get a DUI. That is technically an aggravated DUI. It's a low felony, lower class felony, and the penalties other than the suspension of license, which is more severe, but the penalties pretty much follow the misdemeanor penalties in all other respects.
Then, we have the class four or tough aggravated DUIs. You can get an aggravated DUI if you get a DUI when your license is suspended, cancelled, revoked, or if it's your third offense within a seven year period. And that seven year period doesn’t go from date of conviction; it goes from date of violation. So if you've had, if this is your third violation within seven years, even if your license is valid, that's another way you can get an aggravated DUI. And once you get charged with an aggravated DUI; that is a forever felony prior. It never comes off.
I think about half of my practice is aggravated DUI. And there's not an instance that I can think of where I have not been able to significantly help my client. If you get convicted you have to do four months incarceration. In Maricopa County, today, July 2012, there is no home detention in Maricopa County. So when someone gets sentenced to four months, you go to jail for four months. Because when you get into the aggravated DUIs it most certainly is going to be a life altering situation. If you have a felony on your record, a forever felony on your record, there's no one that won't affect. It will affect everybody. But if you can get away from that particular felony, but still end up through plea negotiations giving your pound of flesh, but not ruining your life in the process, that's one of the major goals that we run and try and work with, with our clients; so negotiating the case, working up the case, and getting the resolution that the client can continue to live with.