Aggravated DUIs are serious offenses in Arizona. Not only are they felonies that will stay on your record for life but they also come with a mandatory minimum of 4 months in prison for first time felony offenders. If a person has prior felony convictions then they could be looking at multiple years in prison for an Aggravated DUI. So how does one fight an Aggravated DUI charge in Arizona? The answer is you need a criminal defense attorney who has real DUI experience. That does not mean someone who has handled a few DUIs. An experienced DUI attorney knows DUI laws and has taken many Aggravated DUI cases to trial.
An Aggravated DUI is committed when a person commits a DUI when their license to drive is either suspended/canceled/revoked/restricted. Another way to commit an Aggravated DUI is when you commit your 3rd DUI within 7 years. Also Aggravated DUI can be committed if your caught with a DUI and you are supposed to have an ignition interlock device on your vehicle. For the purpose of this article were going to focus on how you fight an Aggravated DUI when your license is suspended by the MVD.
To prove that your license is suspended, canceled, or revoked by the MVD for Aggravated DUI, the State must prove that your privilege to drive was suspended at the time of driving and that you knew or should have know that your license was suspended. The prosecution does this by calling a witness from the MVD to testify about your driving record and whether or not notices of suspension were mailed to your address on record. As all people who have ever had the displeasure of waiting in line at the MVD know, the MVD has serious problems and flaws with the way they do business. The MVD records can be attacked and whether or not they mailed them to the address in their records can be attacked as well. Further, the State must prove that you knew or should have known that your license was suspended. An experienced DUI Attorney can attack this element of the States case and give you a better chance of walking out of the court room with just a misdemeanor DUI rather than a felony that comes with prison time.
DUIs and Aggravated DUIs have very strict consequences in Arizona. A conviction could cost you your license, job, or even marriage. If your arrested for a DUI related offense you should call an Experienced DUI attorney to protect your rights.