Aggravated DUI Defense Lawyer in Phoenix Arizona

It is no secret that the State of Arizona has some of the harshest DUI penalties in the country.  Because an Aggravated DUI is considered a felony, a person convicted of an Aggravated DUI will face even stiffer penalties than for a misdemeanor DUI.

If you find yourself being stopped or contacted for an Aggravated DUI, you need to speak with a lawyer experienced in DUI defense immediately.  Contacting an experienced DUI lawyer immediately could mean the difference between being convicted of a misdemeanor DUI and a felony DUI.  Cindy Castillo of Castillo Law is highly trained and experienced in DUI law and will help you to minimize your exposure to a felony DUI and where necessary, aggressively defend your case in trial.

AGGRAVATED DUI TYPES

Three Types of Aggravated DUIs

Class 4 Felony (Two Priors) Within 84 months:  A Class 4 Felony, Aggravated DUI can be charged when a person is Driving or in Actual Physical Control of a Vehicle, while impaired to the slightest degree by the use of alcohol, drugs, medications, vapor releasing substances, or a combination of the same, or with illegal substances or a Blood/Breath Alcohol Concentration above the legal limit with two (2) DUI convictions within seven years of the DUI currently charged; and/or

Class 4 Felony for Having a Suspended, Canceled or Revoked Driver’s License:  A Class 4 Felony, Aggravated DUI can be charged when a person is driving or in Actual Physical Control of a Vehicle, while impaired to the slightest degree by the use of alcohol, drugs, medications, vapor releasing substances, or a combination of the same, or with illegal substances or a Blood/Breath Alcohol Concentration above the legal limit while that person has a suspended, cancelled, revoked, or refused driver’s license.Click here to learn more about Driving on a Suspended or Revoked License; and/or

Class 6 Felony for Having a Child in/on a Vehicle Under the Age of 15:  A Class 6 Aggravated DUI can be charged when a person is driving or in Actual Physical Control of a Vehicle while you have a child in the car under the age of fifteen (15).  A first offense class six (6) felony has a unique sentencing scheme which is dictated by your blood and/or breath alcohol concentration.

SEVERE PENALTIES FOR AGGRAVATED DUI

The penalties for an Aggravated DUI are proportionately higher than for a misdemeanor DUI charge.  Like misdemeanor DUI charges, however, the AZ State legislature has set minimum penalties for Aggravated DUI cases.

Penalties for a First Offense Aggravated DUI, Class Four (4) Felony

The mandatory minimum incarceration time for an Aggravated DUI is four (4) months in prison.  The absolute maximum incarceration time for an Aggravated DUI is three and three quarter (3.75) years in prison.  If convicted of an Aggravated DUI for having either a suspended license or having two prior DUIS within seven years, you are not eligible to do your incarceration time in jail.

If you are convicted of an Aggravated DUI, you face mandatory alcohol screening and classes; and mandatory fines of approximately $6,000. If you are convicted of an Aggravated DUI, a judge will have the option to sentence you to either supervised or unsupervised probation with compliance monitoring.  Probation for an Aggravated DUI means that you will be subject to monthly probation visits, monthly probation fees, and alcohol/drug testing at any time the probation officer desires.

Collateral consequences include:  revocation by the MVD of your driver’s license and/or privilege; SR22 High Risk Insurance; and a 2 year Ignition Interlock Device.

Penalties for a Second Offense Aggravated DUI, Class Four (4) Felony:

If you are convicted of a second offense Aggravated DUI (Class 4) during any time in your life (or if you have one (1) allegeable historical non-Aggravated DUI felony conviction), you are subject to mandatory minimum incarceration time of two and one quarter (2.25) years in prison along with the other penalties for a DUI.  The maximum incarceration time for an Aggravated DUI is seven and one half (7.5) years in prison.

If you are convicted of an Aggravated DUI, you face mandatory alcohol screening and classes; and mandatory fines of approximately $6,000. If you are convicted of an Aggravated DUI, a judge will have the option of sentencing you up to 10 years of supervised probation.  Probation for an Aggravated DUI means that you will be subject to monthly probation visits, monthly probation fees, and alcohol/drug testing at any time the probation officer desires.

Collateral consequences include:  revocation by the MVD of your driver’s license and/or privilege; SR22 High Risk Insurance; and a 2 year Ignition Interlock Device.

            Penalties for a Third Offense Aggravated DUI, Class Four (4) Felony or more:

If you are convicted of a second offense Aggravated DUI (Class 4) during any time in your life (or if you have two (2) allegeable historical non-Aggravated DUI felony convictions), you are  subject to mandatory minimum incarceration time of six (6) years in prison, in addition to other penalties for a DUI.  The maximum incarceration time for an Aggravated DUI is fifteen (15) years in prison.

If you are convicted of an Aggravated DUI, you face mandatory alcohol screening and classes; and mandatory fines of approximately $6,000. If you are convicted of an Aggravated DUI, a judge will have the option of sentencing you up to 10 years of supervised probation.  Probation for an Aggravated DUI means that you will be subject to monthly probation visits, monthly probation fees, and alcohol/drug testing at any time the probation officer desires.

Collateral consequences include:  revocation by the MVD of your driver’s license and/or privilege; SR22 High Risk Insurance; and a 2 year Ignition Interlock Device.

Penalties for First Aggravated DUI Class Six (6) Felony with a Child in Car:

If you are convicted of an Aggravated DUI (Class 6) for having a child under the age of fifteen (15) years in your car, you can be charged with an Aggravated DUI (class six (6) felony).

For a first offense class six (6) felony, you can be sentenced anywhere from probation with one (1) to ninety (90) day(s) in jail minimum (depending on prior DUI convictions, your blood/breath alcohol concentration) up to one (1) year in jail; or incarceration of four (4) months to two (2) years in prison. If you have one (1) allegeable historical prior felony conviction, then the range is nine (9) months to two and three quarters (2.75) years in prison only.  If the person has two (2) allegeable historical felony prior convictions, then the range is two and one quarter (2.25) years to five and three quarters (5.75) years of prison only.

Stay tuned — there is proposed legislation to modify a second offense Aggravated DUI Class 6 Felony with a Child in Car coming in September of 2013. 

Collateral consequences include:  revocation by the MVD of your driver’s license and/or privilege; SR22 High Risk Insurance; and a 2 year Ignition Interlock Device.

Benefits of Hiring a DUI Lawyer in Phoenix AZ

Because an Aggravated DUI has lifelong consequences, it is important that you hire an attorney who is not only experienced in DUI defenses but also one who truly understands the significance of the consequences.

Ms. Castillo will study your case carefully and come up with defense strategies, such as illegal stop, actual physical control issues, no probable cause for the arrest, erroneous blood and/or breath results, denial of your constitutional and due process rights, no knowledge license was suspended, etc.

At Castillo Law, Cindy Castillo offers free consultations and affordable yet quality representation with proven results.  This gives you an opportunity to gauge the knowledge and experience of the lawyer and also determine whether she is the right lawyer to fight your case.

Call Castillo Law for a Free Consultation 24/7 at (480) 206-5204.  Se Habla Español.