As bad as things may sound with a misdemeanor DUI charge in Arizona, it only gets worse when the DUI charge is called aggravated. In Arizona "aggravated" means felony, and the difference between felony and misdemeanor is an important one.
Under certain circumstances, the government will charge you with a felony. If your charge was originally in city court or justice court and then the county re-files it in Superior Court, then it is most likely a felony. Or if the county attorney originally files it in Superior Court, then it is a felony. The penalties for a felony are much, much more severe than a misdemeanor.
An aggravated DUI is the same as a misdemeanor DUI except the aggravated DUI allegation adds more to the charge. There are three kinds of aggravated DUI: first, 2 or more prior DUIs within a specified time period; if you have a history of misdemeanor DUIs, then your third one will be a felony. The law used to be that your third DUI in 5 years is a felony, but the legislature just got tougher. Now the law is that your third DUI in 7 years is a felony. Second, it is a felony if you committed the current DUI while your license was restricted, suspended, or revoked. And third, it is a felony if you committed the current DUI with a minor under 15 in the car.
If the government convicts you of either the first or second kind of aggravated DUI, the presumptive prison sentence is 2.5 years. If the government convicts of the third kind of aggravated DUI, the presumptive prison sentence is 1 year in prison.
The government can also charge other related crimes as felonies. For example, if someone tries to run from the police that is felony fleeing. The government also routinely charges the following felonies in DUI cases: aggravated assault, criminally negligent homicide, and murder in second degree. Also, even your insurance covered property damage, the government routinely charges criminal damage as a felony.
Finally, if you are charged with an aggravated DUI, the Arizona MVD will try to revoke your license, which is very different from a license suspension.
If the government has charged you with a DUI or driving the influence, you absolutely need an experienced and aggressive criminal defense lawyer to defend you. When you are facing the driving under the influence charges, the whole system is set up against you. Don't face it alone; contact us today.
Contact Vladimir Gagic at his Phoenix office today.
