What Is Aggravated DUI in AZ?
Driving under the influence (DUI) is a serious offense in Arizona, carrying severe penalties. However, if certain aggravating factors are present, the offense can be elevated to an aggravated DUI, resulting in even harsher consequences. Understanding what constitutes an aggravated DUI in Arizona is crucial to avoid such charges and their potential ramifications.
In Arizona, an aggravated DUI occurs when a person is arrested for driving under the influence while meeting specific aggravating circumstances. These factors can include having a blood alcohol concentration (BAC) above a certain limit, driving under the influence with a suspended or revoked license, driving under the influence with a passenger under the age of 15, or being charged with a DUI while already having two prior DUI convictions within the past seven years.
Aggravated DUI is considered a felony offense in Arizona, which means the penalties are significantly more severe than those for a standard DUI charge. The consequences of an aggravated DUI can include imprisonment, hefty fines, mandatory alcohol education programs, probation, installation of an ignition interlock device, and the suspension or revocation of driving privileges. The severity of the penalties can vary depending on the specific circumstances of the offense and any prior DUI convictions on the individual’s record.
7 FAQs About Aggravated DUI in Arizona:
1. What is the legal limit for blood alcohol concentration (BAC) in Arizona?
The legal limit for BAC in Arizona is 0.08%. However, for certain drivers, such as commercial drivers or individuals under the age of 21, lower BAC limits apply.
2. What are the penalties for an aggravated DUI conviction in Arizona?
The penalties for an aggravated DUI conviction can include imprisonment ranging from several months to several years, fines exceeding several thousand dollars, mandatory alcohol education programs, probation, installation of an ignition interlock device, and the suspension or revocation of driving privileges.
3. Can I refuse to take a breathalyzer or blood test if pulled over for suspected DUI?
Arizona has an implied consent law, which means that by driving on the state’s roads, you have already consented to chemical testing if lawfully arrested for DUI. Refusing to take a breathalyzer or blood test can result in an automatic suspension of your driver’s license.
4. Can I be charged with aggravated DUI if I have no prior DUI convictions?
Yes, you can be charged with aggravated DUI if you meet one of the other aggravating factors, such as having a suspended or revoked license or driving under the influence with a passenger under the age of 15. Prior DUI convictions are not the only criteria for an aggravated DUI charge.
5. Are there any defenses against an aggravated DUI charge in Arizona?
Yes, there are various defenses that can be used against an aggravated DUI charge, such as challenging the legality of the traffic stop, disputing the accuracy of the chemical tests, or questioning the credibility of the arresting officer.
6. How long does an aggravated DUI conviction stay on my record in Arizona?
An aggravated DUI conviction will remain on your criminal record permanently in Arizona and can have long-lasting consequences, including impacting employment opportunities and future criminal charges.
7. Can an attorney help with an aggravated DUI case in Arizona?
Absolutely. It is highly recommended to seek the assistance of an experienced DUI attorney if you are facing an aggravated DUI charge in Arizona. They can guide you through the legal process, assess the evidence against you, build a strong defense strategy, negotiate on your behalf, and potentially minimize the penalties or get the charges dismissed.
In conclusion, an aggravated DUI in Arizona is a serious offense that carries severe penalties. Understanding the aggravating factors and the potential consequences is crucial to avoid such charges. If facing an aggravated DUI charge, seeking legal representation is highly recommended to ensure the best possible outcome.