Aggravated DUI in Arizona?

Aggravated DUI in Arizona

What is an Aggravated DUI? In Arizona, Aggravated Driving Under the Influence (Aggravated DUI) is a felony offense. (see Consequences of a Felony Conviction in this blog) In an Aggravated DUI, the elements of DUI remain the same as for a misdemeanor DUI. (see Driving Under the Influence in Arizona in this blog) To be Aggravated however, the State must prove in addition to the elements of DUI one of the following:

1. The accused person’s driver license or privilege to drive was suspended, canceled, revoked, refused, or restricted as a result of a DUI, and the accused knew, or should have known it was suspended, canceled, revoked, refused, or restricted. This offense is a class 4 felony.

2. The accused has two DUI convictions within 7 years. This offense is a class 4 felony.

3. A person under 15 years of age was in the vehicle. This offense is a class 6 felony. (see Consequences of DUI with Kids in the Car in this blog)

Aggravated DUI is a serious charge, with serious consequences and penalties. Arizona Motorists should be aware of the consequences and penalties of Aggravated DUI. (see Consequences of Aggravated DUI in this blog)


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
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Driving Under the Influence (DUI) in Arizona

Driving Under the Influence (DUI) in Arizona

Driving Under the Influence (DUI) in Arizona is not just a traffic ticket. It is a crime. In Arizona DUI is a class 1 misdemeanor which is the most serious of the three categories of misdemeanors in Arizona. Arizona drivers should be educated as to what constitutes a DUI under Arizona law to avoid criminal consequences. A driver or someone in actual control of a vehicle can be convicted of DUI three different ways in the State of Arizona.

1. Impaired to the slightest degree
There is no actual 'legal limit' in the State of Arizona contrary to what many believe. If the State can prove that your ability to drive has been impaired to the slightest degree by the use of alcohol, drugs or any combination of drugs (including prescription) you may find yourself convicted of DUI.

2. .08% or more within two hours of driving
If the State can prove that your blood alcohol concentration is .08% or more within two hours of operating or being in control of a vehicle you may find yourself convicted of a DUI. At .08% you are presumed to be impaired. The additional charge of Extreme DUI with heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .15% or more within two hours of driving or being in actual control of a vehicle. The additional charge of Super Extreme DUI with even heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .20% or more within two hours of driving or being in Actual control of a vehicle.

3. Non-prescribed drug or its metabolite in the body
If your blood or urine contains a non-prescribed drug listed in A.R.S. 13-3401 (which is a listing of illegal drugs and drugs that require a prescription), and the State can prove you have been driving or in actual control of a vehicle, you may find yourself convicted of DUI.


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Consequences of a DUI with Kids in the Car?

DUI with Kids in the Car (Aggravated DUI) in Arizona

Many people are surprised to find themselves charged with a felony after being stopped and charged with their very first DUI. In Arizona if the State can prove the elements of DUI and additionally that you had a child under fifteen (15) years of age in the vehicle at the time, then you will find yourself facing a felony. Consequences of a felony conviction can negatively impact many aspects of your life. (see Consequences of a Felony Conviction in this blog)

A DUI with kids in the car is called the crime of Aggravated DUI. It is also known as Aggravated DUI with kids in the car, Aggravated DUI with children, or Aggravated DUI a class 6 felony. There are two other types of Aggravated DUI, but this particular type is a class 6 felony in Arizona. In Arizona, a class 6 felony is the least serious class of felony, but a felony none the less.

A felony is usually defined as a crime that is punishable by imprisonment for more than a year, or a crime that is punishable by death or a prison sentence served in a state penitentiary.

Beyond mandatory fines, classes, jail, probation and possible prison, consequences of a felony conviction may include:

Loss of the right to possess a firearm
Loss of the right to vote in elections
Immigration ineligibility
Ineligibility for elected office
Ineligibility for professional licenses
Ineligibility for housing
Ineligibility to serve as a juror
Ineligibility for public benefits
Ineligibility for educational benefits
Negative impact on parental rights
Negative impact on divorce proceedings
Negative impact on employment
Negative impact on credit
Criminal Record
Criminal Registry
Negative social stigma

In Arizona, a conviction for Aggravated DUI with kids in the car will also lead to the Motor Vehicle Division (MVD) revoking your driver’s license for a minimum of three (3) years. A revoked license means you cannot drive at all until your license is re-instated. If your license is revoked for Aggravated DUI with kids in the car, you are not eligible to apply for re-instated driving privileges for a minimum of three (3) years.


THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations