DUI / Aggravated DUI Attorney
in Phoenix, Arizona
Charged With a DUI or Aggravated DUI?
Every DUI case is different, and a DUI conviction carries severe consequences in the State of Arizona. Be represented by the ONLY Lawyer-Scientist in the State of Arizona. Ms. Lelli has worked firsthand with Gas Chromatography and knows what a valid scientific report should have.
What You Need to Know
Arizona Revised Statue has multiple sections for DUI. Most commonly for a misdemeanor DUI, you will usually see 4 charges depending on the blood alcohol concentration also known as BAC. Each different level carries different mandatory minimum penalties.
A.R.S. 28-1381(a)(1) is what is known as a regular DUI. The State alleges that the person is impaired to the slightest degree. This means that the State does not have to prove a level of BAC only that the person who was driving or in actual physical control of the vehicle was impaired to the slightest degree. People with a BAC under 0.08 will be charged with this offense.
A.R.S. 28-1381(a)(2) is also a regular DUI. However, here the State must prove a BAC level of 0.08 or more within two hours of driving or being in actual physical control of a vehicle.
A.R.S. 28-1382(a)(1) – is when we enter the extreme charges. If a person is charged with this statute, it is because the person has a BAC level of 0.15 or more but less than 0.20 within two hours of driving or being under actual physical control of a vehicle.
A.R.S. 28-1382(a)(2) – Super extreme DUI is when a person has a BAC level of 0.20 or more within two hours of driving or being under actual physical control of a vehicle.
While those are the most common, you can also get a DUI for having certain drugs or its metabolite in the person’s body. This is known as the A.R.S. 28-1381(a)(3). A.R.S. 13-3401 is the section that defines the drugs.
These types of DUIs are considered a class 1 misdemeanor. A class 1 misdemeanor carries a maximum penalty of 6 months in jail, 3 years of probation, and fines of $2,500. However, for a DUI the maximum probation can be extended to 5 years and has mandatory alcohol screening and classes, probation, and fines and fees. A DUI carries 8 points in the Arizona’s Point System for Moving Violations and your driving privilege may be suspended.
If you are convicted of multiple DUIs in a given period you may suffer increasing penalties, such as higher fines, longer license suspension, and increase amount of jail time. Further, a third DUI may be charged as an Aggravated DUI.
A.R.S. 28-1383 a person is guilty of an aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
Commits a DUI while the person’s driver’s license or privilege to drive is suspended, canceled, revoked, or refused or while a restriction is placed on the license or privilege to drive.
Commits a DUI within a period of 84 months commits a third or subsequent DUI.
Commits a DUI while a person under fifteen years of age is in the vehicle.
Commits a DUI while the person is ordered or required to equip an ignition interlock device in any motor vehicle and fails to do so.
Commits a DUI while driving the wrong way on a highway.
The “P” in the middle stands for presumptive term, which is where a sentencing judge will start. To the left of the Presumptive term is the MIT (Mitigated) and MIN (Minimum). TO the right of the Presumptive is MAX (Maximum) and AGG (Aggravated). The sentencing judge has discretion on whether to sentence above or below the presumptive term.
A person convicted of an aggravated DUI while a person under fifteen years of age is in the vehicle is guilty of a class 6 felony. All other reasons for an aggravated DUI are considered a class 4 felony.
Felony Sentencing Chart in Years
The mandatory minimum penalty for a class 4 aggravated DUI is four months in the Department of Corrections, mandatory alcohol screening and classes, supervised probation, and fines and fees.
A first-time class 6 aggravated DUI can be sentence anywhere from probation with one to ninety days in jail minimum, mandatory alcohol screening and classes, supervised probation, and fines and fees.
If convicted of a second or third aggravated DUI, you may be subject to a lengthy mandatory prison sentence. Contact Lelli Law Firm to speak to an Arizona DUI Lawyer-Scientist for a free case evaluation.