Aggravated DUI is a felony and is far more serious than other types of DUI offenses. Unlike Extreme DUI (which is a misdemeanor), Aggravated DUI does not require proof of a particular B.A.C. before charges can be filed. Rather, a DUI offense can be filed as a felony Scottsdale Aggravated DUI if certain factors are present. These factors include:
- The offense is the third or subsequent DUI offense within a period of seven years.
- The driver in question has a suspended, revoked, or cancelled driver’s license at the time of the DUI offense.
- A minor under 15 years of age was present in the vehicle at the time of the DUI offense.
The punishment for a Scottsdale Aggravated DUI depends on a number of factors, including the particular aggravating factor involved in the case. Regardless of which particular aggravating factors are alleged in your case, it is important to have a qualified Scottsdale Attorney representing you. A Scottsdale Felony DUI based on prior DUI convictions or a suspended drivers license is a class 4 felony under Arizona law. If convicted, probation is generally available however the defendant will be required to serve a minimum of four months in the state prison before beginning their probation. If the defendant has previously been convicted of any other felony offense, probation may not be available and longer prison sentence might be imposed. If charged with Aggravated DUI in Scottsdale because a child was riding with you as a passenger, the potential consequences are somewhat less severe. This form of Aggravated DUI is a class six felony and the minimum sentence is dependent on your B.A.C. Although the offense can potentially be reduced to a misdemeanor, the possibility of a prison sentence also exists with this crime as well. Any felony conviction has significant, life-changing consequences. Having an experienced Scottsdale Aggravated DUI Attorney is critical to your future and your freedom when facing these charges.
Other felony charges like murder, manslaughter, negligent homicide, aggravated assault and endangerment can also be filed if the DUI offense resulted in an accident which caused death or injury to another person, including a passenger. The sentences for these more serious crimes can be devastating. In Scottsdale, the law makes no distinction between a car and a gun when someone is accused of causing death or serious physical injury. Scottsdale Lawyer Joshua S. Davidson is an experienced former prosecutor who had handled a wide range of cases over his career and knows how to develop effective defense strategies when facing serious charges.
Attorney Joshua S. Davidson
When it comes to serious charges like Felony DUI, the smartest thing you can do is get an experienced Scottsdale Aggravated DUI attorney on your side who will work to protect your best interests from the very beginning. Joshua S. Davidson will seek the best possible outcome for your case by taking the fight to the prosecution and challenging key factors such as:
- Was the initial traffic stop of your vehicle was legally justified?
- Did the arresting officer had probable cause?
- If prior offenses are being used as an aggravating factor, are they valid and is the documentation legally sufficient?
- Was your blood properly collected and tested in accordance with proper procedures?