Types of Aggravated DUI

Facing one Driving Under the Influence (DUI) charge is difficult enough. If you are charged with an aggravated DUI, your life becomes just that much more complicated. You may be wondering what exactly makes a DUI charge aggravated. Aggravated DUI charges are serious because they are class 4 felonies that come with mandatory prison time.1 Further, the charge carries a mandatory minimum three year driver’s license revocation.2 Thus, aggravated DUI charges are the most severe type of charge that comes with the right to a jury trial.3 Of course, if you had previous felony sentences this could affect the sentencing ranges.4

Underage Drinking and Driving

Drinking when you are underage brings with it a host of problems. There are other laws you could be violating, such as soliciting alcohol, minor in possession laws, and child endangerment law violations.5 Further, Arizona has more strict blood alcohol concentration (BAC) laws for those under age 21 caught with alcohol or another substance in their system while in control of a vehicle. Adults with a BAC of 0.08 will be charged with a DUI when in control of a vehicle, but a minor will be charged if there is evidence of any alcohol in their system (0.01 BAC).6

Having a Child in the Vehicle

If you had a minor in the vehicle with you (defined as a person under the age of 15) when you are charged with a DUI, you are charged with a class 6 felony.7 This means jail time increases depending on your BAC level, fines go up, and your license is also revoked for three years.8 Like other aggravated DUI charges, this charge comes with mandatory probation and both counseling and treatment.9 Further, the punishment could include vehicle forfeiture if you were driving the vehicle that you owned at the time of the charge that led to conviction.10

Driver’s License Problems

Driving with a suspended license typically is a class 1 misdemeanor.11 However, driving with a suspended, revoked, canceled, refused, or restricted driver’s license while under the influence of alcohol or another drug leads to an aggravated DUI charge.

Multiple Charges

In Arizona, a third DUI conviction within a seven year period is considered an aggravated DUI.12 Any other charges below this could be extreme DUI or classified as something else.

If you are facing an aggravated DUI charge, it is imperative that you contact an Arizona DUI attorney who can help you through the legal landscape involved with the charge.

[1] Aggravated DUI Arizona (Felony) – ARS 28-1383, dmcantor.com, http://dmcantor.com/dui-vehicular-crimes/aggravated-dui-dwi-felonies/ (last visited Oct. 20, 2014).

2 Id.

3 Id.

4 Arizona DUI Penalties and Punishment, duiarizona.com, http://www.duiarizona.com/arizona-dui-penalties-and-punishments (last visited Oct. 20, 2014).

5 Rich Stim, Arizona: Underage DUI, http://dui.drivinglaws.org/resources/dui-and-dwi/dui-laws-state/arizona-underage-dui.htm (last visited Oct. 20, 2014).

6 Mandatory Minimum Sentences, mycriminaldefenselawyeraz.com, http://www.mycriminaldefenselawyeraz.com/mandatory-minimum-sentences/ (last visited Oct. 20, 2014).

7 Id.

8 Id.

9 DUI With Child In Vehicle, scottsdaleduidefensefirm.com, http://www.scottsdaleduidefensefirm.com/DUI/DUI-w-Child-in-Vehicle.aspx (last visited Oct. 20, 2014).

10 Arizona DUI Penalties and Punishment, supra note 4.

11 Janet Portman, Driving on a Suspended License in Arizona, criminaldefenselawyer.com, http://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/driving-suspended-license-arizona (last visited Oct. 20, 2014).

12 Mandatory Minimum Sentences, supra note 4.