Tucson Aggravated DUI Cases

Arizona Aggravated DUI Laws

Nesci & St. Louis is the premier DUI defense law firm in Arizona. Our entire practice is devoted exclusively to criminal defense and DUI defense so that we can provide the most aggressive and effective representation to our clients state-wide.

If you have been charged with aggravated DUI under Arizona Revised Statute 28-1383, you face mandatory prison time and a felony record. Our lawyers know what it takes to achieve the best possible outcome in your case.

When is a DUI Charged as an Aggravated Felony?

In all other cases, DUI is charged as a misdemeanor regardless of the blood alcohol content (BAC) — contrary to what most people think.

DUI is charged as an aggravated felony in Pima County and throughout Arizona when one or more of these additional elements applies:

  • It is your third DUI arrest within a seven-year period, measured from the date of the first incident to the date of the current incident.
  • Your driver’s license was cancelled, restricted or suspended at the time of your DUI arrest.
  • A minor under the age of 15 was in the vehicle at the time you were allegedly driving under the influence.

Aggravated DUI AZ Penalties

According to Arizona’s Revisde Statutes (A.R.S.) 28-1383, aggravated DUIs are typically charged as a class 4 felony which includes a third offense DUI or driving with a revoked license. 1st offenses can carry up to 3.75 years, a 2nd aggravated offense is up to 7.5 years, and a 3rd is up to 15 years.

Additionally, many aggravated DUI laws in Arizona carry a mandatory minimum sentence: for a 1st aggravated offense it is 4 months, for a 2nd aggravated offense it is 2.25 years, and for a 3rd it is 6 years.

Lastly, class 6 felonies are typically considered when there is a minor in the car and comes with up to 2 years in a state correctional facility.

Other penalties include:

  • Up to 3 Years Driver's License Suspension
  • Up to $4.75k in Fines
  • Up to 2 Years with an Installation of an Interlock Ignition Device
  • Mandatory Substance Abuse Classes
  • Registration for SR-22 & High Risk Insurance

Note - Harsher penalties are always enforced for multiple infractions or death/injury due to driving while intoxicated.

Experienced Aggravated DUI Legal Counsel in Pima County

If you are facing felony DUI charges in Arizona, you require aggressive, knowledgeable representation.

Our attorneys have the extensive backgrounds in handling these cases, the training on the relevant issues, and the focus needed to win, including:

  • Certification as a Specialist in Criminal Law by the State Bar of Arizona
  • Certification as a Specialist in DUI Defense by the National College for DUI Defense (as authorized by the American Bar Association)
  • Training as Standardized Field Sobriety Test Instructors in National Highway Traffic Safety Administration courses
  • Training as Standardized Field Sobriety Test Administrators in National Highway Traffic Safety Administration courses
  • Training as an Intoxilyzer 8000® Breath Alcohol Technicians in a U.S. Department of Transportation course
  • Ownership of an Intoxilyzer 8000® breath test device to use in investigative re-creations and courtroom demonstrations
  • Training on laboratory blood testing in an American Chemical Society course
  • Authorship of numerous books and articles about DUI defense
  • Experience as instructors, training other lawyers and judges at more than 200 State Bar and defense conferences on DUI issues

Fight your felony DUI charges! Call Nesci & St. Louis today at (520) 999-2441 or contact us online to schedule your free initial consultation.

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