The Behan Law Group, P.L.L.C.

520-220-5047

1-877-MISS-DUI / 1-877-647-7384

Se Habla Español
945 N. Stone Ave, Tucson, AZ 85705

Tucson Aggravated DUI Lawyers

Cochise County Aggravated DUI Attorneys

Aggravated Drunk Driving Defense Attorneys for Pima County

It is illegal in Arizona to drive while impaired to the slightest degree by alcohol or drugs or to have a blood alcohol concentration (BAC) of .08 percent or higher within two hours of driving or being in actual physical control of a vehicle. If you are arrested and charged with driving under the influence (DUI), you could be facing harsh consequences. While the punishments for an ordinary first-time DUI can be difficult, if there are aggravating factors within your situation, you may face more significant consequences.

If you are facing felony charges for an aggravated DUI in Arizona, contact the criminal defense attorneys of The Behan Law Group, P.L.L.C. at 520-220-5047 as soon as possible.

Arizona Aggravated DUI Law

An aggravated DUI is a much more serious offense than an ordinary or even extreme DUI. Aggravating factors will raise a DUI charge from a misdemeanor to a felony that often results in prison time upon conviction. You can be charged with an aggravated DUI if you are found to be driving or in actual physical control of a vehicle while under the influence of alcohol or drugs, along with one of the following factors:

  • You were driving on a suspended, revoked, or restricted license, which is a Class 4 felony;
  • You have two DUI convictions within the previous seven years, which is also a Class 4 felony;
  • There was a minor under the age of 15 in the vehicle, which is a Class 6 felony; or
  • You drove when you were court ordered to install an ignition interlock device on your vehicle, which is a Class 4 felony.

Consequences of an Aggravated DUI Conviction

The maximum punishment for an aggravated DUI depends on the circumstances surrounding your arrest and whether you have been charged with a Class 4 or 6 felony.

For a first-time Class 4 felony, the consequences include:

  • Up to two years in prison;
  • Fines and fees of at least $5,000.00;
  • A three-year driver's license suspension;
  • Alcohol or drug counseling;
  • Installation of an ignition interlock device in any vehicle you drive;
  • Community service;
  • Probation; and
  • SR22 high risk auto insurance.

For a first-time Class 6 felony, your punishment may include

  • Four months in prison;
  • Fines and fees of at least $5,000.00;
  • A three-year driver's license suspension;
  • Alcohol or drug counseling;
  • Installation of an ignition interlock device in any vehicle you drive;
  • Community service;
  • Probation; and
  • SR22 high risk auto insurance.

Aggravated FAQs

Q

What Is an Aggravated DUI?

Answer: An aggravated DUI involves circumstances that make the offense more serious than a usual DUI case, such as causing bodily harm to someone. Aggravated DUIs are felony charges. There are multiple reasons that you could have been charged with a felony DUI, even if it is your first DUI. Aggravating factors include carrying a passenger under 15 years old, intoxicated driving without a valid license, injuring or killing someone, and driving the wrong way on a highway.

Q

What Are the Reasons that a Felony Aggravated DUI Can Be Charged?

Answer: In Arizona, there are multiple reasons your DUI can be considered aggravated and charged as a felony. Several of these reasons are related to prior offenses. If your license was already suspended or revoked when you were arrested, or if you were required to use an ignition interlock device but failed to do so, you could face felony charges. If you have had two prior DUIs in the past seven years, then the third will be automatically charged as a felony. The other reasons a DUI might be considered aggravated and charged as a felony are if you were driving the wrong way down a one-way road or if you were carrying a child passenger under the age of 15.

Q

What Are the Legal Penalties for an Aggravated DUI?

Answer: Felony DUIs are taken very seriously in Arizona. If this is your first felony DUI offense, the minimum sentence is four months in prison. However, you could face up to three years behind bars. Your license will be suspended for a minimum of three years. You are also likely to be put on probation after being released, which can include the requirement to participate in drug and alcohol testing or substance abuse classes. The penalties get steeper with each consecutive felony DUI. For a third felony DUI, you could be sent to prison for up to fifteen years.

Our Cochise County Aggravated DUI Defense Lawyers Can Help

If you are facing a felony DUI charge, you need to work with a criminal defense attorney who specifically handles DUI cases on a daily basis. This type of criminal offense requires specific knowledge of Arizona's complex DUI laws and your local courtrooms, as well as training in reviewing scientific evidence.

The attorneys at The Behan Law Group, P.L.L.C. are well-versed in defending against all types of misdemeanor and felony DUI charges. We will advocate for your rights throughout the court process and make every available argument in your favor. We have seen it all and are ready to build you the strongest defense possible under the law, fighting to win an acquittal while building evidence to minimize the consequences of any conviction.

Contact our Pima County DUI defense lawyers at 520-220-5047 to schedule a free consultation.

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