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As bad as everything sounds so far, it only gets worse. 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.
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 or Scottsdale offices today.
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Driving Under The Influence 
