In Arizona, some of the factors that can make a driving under the influence (DUI) charge aggravated under Arizona Revised Statutes (ARS) § 28-1383 include committing a third or subsequent DUI violation within 84 months (seven years), if a child under age 15 was in the vehicle, and driving the wrong way on a highway while committing a DUI offense.
Talk with a Phoenix aggravated DUI lawyer if you are dealing with the ramifications of an aggravated driving under the influence charge. Your attorney can discuss the many factors that make DUI charges aggravated under ARS 28-1383.
Following your aggravated DUI charge, your lawyer could develop a legal defense specific to the circumstances of your case. If your attorney has sufficient evidence and a strong argument, you may be able to defend against a conviction.
A Look at the Factors That Can Make an Arizona DUI Charge Aggravated Under ARS 28-1383
Seek legal help if you have been charged with an aggravated DUI. Let a DUI defense lawyer in Phoenix review your case. At this time, your attorney may give you insights into the factors that could make your Arizona DUI charge aggravated under ARS 28-1383, such as:
- Committing a third or subsequent DUI violation within a period of 84 months
- Driving while your license has been suspended, revoked, canceled, refused, or restricted due to a prior DUI violation
- Committing a DUI while a child under age 15 is in the vehicle
- Driving without a required ignition interlock device (IID)
- Driving the wrong way on a highway while committing a DUI offense
These factors can elevate a DUI charge from a misdemeanor to a class 4 or class 6 felony. If you are convicted of an aggravated DUI, you could face prison time, fines, and other criminal penalties and collateral consequences.
What to Do if You Are Charged with an Aggravated DUI Under ARS 28-1383
Meet with a Phoenix criminal defense lawyer who has aggravated DUI case experience as soon as you can after your arrest. Your attorney may provide various tips to help you during this challenging time, including:
- Exercise your right to remain silent. Anything that you say to the prosecutor or the police could be used against you. Have your attorney discuss your case on your behalf, since this can help you protect against self-incrimination.
- Challenge your driver’s license suspension. Under Arizona law, if you have been charged with driving under the influence, you may be subject to an administrative suspension of your driving privileges. Your lawyer can help you request a hearing with the Arizona Motor Vehicle Division (MVD) within 30 days of your suspension notice, which could potentially delay your suspension or allow you to get a restricted permit.
- Gather evidence. Preserve the paperwork that you were given by the arresting officer and write down a timeline of the events leading up to your arrest, as these can be used as evidence in your case. In addition, work with your attorney to collect the results of your field sobriety test (FST) and other forms of proof.
If you feel overwhelmed as you think about what could happen after being charged with an aggravated DUI under ARS 28-1383, remember, you have access to legal guidance and support. DUI defense attorneys will prioritize your case, and they may be able to put together a legal strategy that helps you avoid a criminal conviction.
What Legal Strategies Can You Use to Contest an Aggravated DUI Charge in Arizona?
Your aggravated DUI attorney will account for the facts of your case as they determine which legal defenses could help you achieve your desired outcome. Below are some of the legal strategies that your lawyer may consider:
- Disputing your initial traffic stop. Your lawyer could argue that the police didn’t have reasonable suspicion of a traffic violation or crime to warrant pulling your car over.
- Challenging your blood or breath test results. If the police made mistakes in the administration of your blood or breath test, your lawyer could get the test results suppressed. This can weaken the prosecution’s case.
- Explaining that your blood alcohol concentration (BAC) was rising. Depending on the situation, your lawyer could detail how your BAC was below the legal limit when you were driving but rose above this threshold by the time that your chemical test was administered.
If getting the prosecution to drop the case against you isn’t necessarily an option, your lawyer could negotiate with the prosecutor to have your aggravated felony DUI charge reduced to reckless driving or another misdemeanor offense.
Learn More About the Factors That Can Make an Arizona DUI Charge Aggravated Based on ARS 28-1383
Criminal defense lawyers want those who have been charged with driving under the influence to know about the many factors that can make an Arizona DUI aggravated in accordance with ARS 28-1383. If you are familiar with these factors and how they apply to your DUI case, you may be well-equipped to take appropriate measures to fight back against your charge.
Suzuki Law Offices has a team in place that includes a former federal prosecutor and other legal professionals who aggressively defend people facing serious criminal charges in Arizona. We have decades of experience and want to use what we know to help you with your DUI case.
Our criminal defense attorneys can answer any questions that you have about the factors that could potentially make an Arizona DUI charge aggravated under ARS 28-1383. If you are looking for ways to disprove the prosecutor in your DUI case, we are here to help. For more information, request a free case consultation.
Call or text (602) 682-5270 or complete a Free Case Evaluation form