Aggravated DUI, a class 4 felony – What is it?

In short, it is a very serious offense.  So, what is an Aggravated DUI and how is it different then a regular DUI?  In Arizona, a person commits an Aggravated DUI when they do one or more of the following:

1.  DUI (Drive under the Influence of alcohol or drugs) while a person has  a suspended, restricted, or revoked drivers license in any State.

2.  Get a 3rd DUI within 84 months

3.  Get a DUI while driving a vehicle with an interlock device or drive a vehicle when you are required to have an interlock device and one is not present in the vehicle

4.  Drive while DUI when persons under 15 years of age are in the vehicle.  This is also known as Aggravated DUI, a class 6 felony. (this offense has different penalties then the first 3 listed above)

What are the penalties for a class 4 felony Aggravated DUI?

Assuming you have a person has no prior felony convictions a class 4 felony Aggravated DUI requires that the person convicted serve a minimum of 4 months in prison.  Yes, I said prison.  It also include license revocation for 3 years.  These penalities are mandatory and can not be avoided if convicted.  So what does a person do.  Get good legal advice.

Defenses to an Aggravated DUI, a class 4 felony

The most common form of an Aggravated DUI is when someone gets a DUI while their license is suspended, restricted, or revoked.  For these Agg DUIs the State must prove that a person knew or should have know that their license was suspended, cancelled, or revoked at the time of driving.  So a good defense would show that a person did not know their license was suspended and had no reason to know it.

In Arizona, the law says the State only needs to prove that a notice of suspension by the MVD only has to be mailed to your last address to to prove that you knew of your suspension.  This law can be defended in some circumstances.  An experienced DUI attorney will attack the notices of suspension and whether his client should have known.

This form of defense to an Aggravated DUI is one of many.  To understand the strengths of your case and whether you have a valid defense you should consult an experienced DUI attorney.

Written by Michael Muñoz

Real criminal law trial experience combined with superior negotiation skills and thorough case investigation to get you the best results.

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