In Arizona, there are five ways a misdemeanor DUI can be charged as an aggravated DUI:
The penalties for aggravated DUI are steep. Under the law, a judge will order an initial prison sentence as a term of probation for those convicted of aggravated DUI, even for those who have no prior felony convictions.
A conviction will also result in a mandatory revocation of your driver’s license for one year and require the installment of an ignition interlock device on your vehicle.
Consequences for an aggravated DUI conviction in Arizona are severe, and the sentencing described above is only a summary of what you could be facing.
If you face aggravated DUI charges in Arizona, you need an attorney who understands the complexities of Arizona DUI law and knows the court system to get the best results.
The lawyers at Lane, Hupp, & Crowley, PLC, in Phoenix have the experience to deliver effective representation. Attorney Alex Lane is a former prosecutor with the Vehicular Crimes Bureau, where he focused on prosecuting aggravated DUI cases.
There are specific defenses in aggravated DUI cases that may be applicable to your case such as:
A lack of knowledge of reason to know of the suspension, revocation or cancellation of your license
Did you receive proper notice of the suspension, revocation or cancellation in the mail? Was the notice properly served on you? Have you reinstated your license since the suspension, revocation or cancellation?
These are all issues that could affect your aggravated DUI case, and if the state or Motor Vehicle Division (MVD) did not follow the proper procedures, the case against you could fall apart.
An invalid or noneligible out-of-state prior conviction
If the state has charged you with an aggravated DUI for having prior DUI convictions, the state must be able to prove that you were convicted of the prior offenses and the offenses qualify as “convictions” under Arizona law.
Many times, we can show that the state cannot sufficiently prove a prior DUI conviction or that it is not eligible under Arizona law.
It is important to get experienced counsel on the case as soon as possible. Discuss your aggravated DUI case with us today.
If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.