If you have two or more drunk driving charges in the last 7 years, you can face very serious DUI charges. A second offense aggravated DUI is a crime that carries harsh penalties, and that can affect the rest of your life if you are convicted. If you are facing charges of this nature, James E. Novak is an experienced Phoenix DUI attorney who may be able to represent you. He is a former prosecutor who brings his insights from that work to bear in developing defense strategies for his clients.
An aggravated DUI can be charged under Arizona Revised Statutes (A.R.S.) section 28-1383. Section 1328 provides for an aggravated DUI to be charged under a range of different circumstances. For example, you can face an aggravated DUI charge if you drive on a suspended, cancelled, or revoked license. You can also face an aggravated DUI charge if you perpetrate a third or subsequent DUI. Further, you can face an aggravated DUI charge if you drive drunk and someone under the age of 15 was in the vehicle. Additionally, you may face an aggravated DUI charge if you were ordered to equip your car with a certified ignition interlock device and then commit a DUI.
Prosecutors take aggravated DUIs very seriously. You can be charged with a second offense felony if your aggravated DUI offense is within seven years of a prior felony, or your license was already suspended or revoked. If you’re convicted of a second offense aggravated DUI in Arizona, that can potentially be cited as a prior felony conviction for purposes of future felony charges.
The circumstances under which you were charged will determine whether the charge is a Class 4 felony or a Class 6 felony. Most of the time aggravated DUI is a Class 4 felony. However, if you’re charged because someone under the age of 15 was in the vehicle, a Class 6 felony is charged. Depending on your circumstances, a dedicated DUI lawyer can review your case to determine what strategies may be available to reach a plea deal for a lesser offense.
If you’re convicted of an aggravated DUI, you will face at least 4 months in prison. This is a mandatory minimum sentence that cannot be waived. A second offense aggravated DUI is punished even more harshly in Arizona. Sentencing when there is more than one felony offense can be complicated under A.R.S. section 13-703, which governs repetitive offenses. If you’re convicted of several felony offenses not perpetrated on the same occasion, but which are consolidated for trial purposes or aren’t historical prior felony convictions, you can be sentenced as a first time felony offender under section 13-702 for the first offense, but as a category one repetitive offender for the second offense. If you commit a third or subsequent offense, you’ll be sentenced as a category two repetitive offender for the third and subsequent offenses.
If you’re a category one repetitive offender charged with a Class 4 felony, as most aggravated DUIs are, the presumptive sentence is 2.5 years of incarceration. The maximum sentence is three years in prison. The sentence will be longer if there are two or more aggravating circumstances surrounding the incident. However, if you’re a category one repetitive offender facing Class 6 felony charges for aggravated DUI, the presumptive sentence is one year of incarceration and the maximum sentence is 1.5 years. In addition to the potential loss of freedom, you can suffer tremendous costs as a result of an aggravated DUI conviction. You can also face years-long suspension or revocation of your driver’s license. After that, at considerable expense, you’ll need to install an ignition interlock device. You’ll also need to get an SR-22 policy and it will be more expensive to insure your car. You can lose your professional license, your right to vote, and your gun license.
If you have been charged with a second offense aggravated DUI, you may be wondering what to do next. You can talk about your circumstances with a skilled DUI lawyer. Mr. Novak defends clients facing drunk driving charges in the Phoenix area, including in Chandler, Gilbert, Mesa, and throughout Maricopa County. Call him at (480) 413-1499 or contact us via our online form.