In the state of Arizona, any DUI is a serious charge. Mandatory minimum sentencing laws call for jail sentences even for first-time offenders. In extreme cases, a DUI may even be upgraded from a misdemeanor to a felony. Known as an “aggravated DUI,” this type of felony charge means harsher penalties than that of a typical DUI case. As such, it is critical that you seek out legal representation from the experts at the Schill Law Group immediately if you have been charged with an aggravated DUI.
Requirements for an Aggravated DUI
In order to have a misdemeanor DUI charge upgraded to an aggravated DUI, the following must be true of the convicted driver:
- The driver was using a suspended or revoked license.
- The driver has two prior DUI convictions within a period of the last seven years.
- The driver either violated or circumvented an ignition interlock requirement.
When these circumstances exist surrounding a DUI arrest, the driver may be charged with a Class 4 Felony DUI. Also, this is not the only class of felony that a DUI defendant can be faced with. A driver may be charged with a Class 6 Felony DUI in cases where this additional stipulation existed:
- The DUI was committed while a minor under the age of 15 was in the vehicle.
Class 4 Felony DUI Penalties
If convicted of a Class 4 Felony DUI, you will face a mandatory minimum sentence of 120 days in jail. Beyond this, you may face additional penalties including:
- Recommendation of 1-3.75 years in prison
- Fines of up to $150,000
- Losing your license for 3 years
- Mandatory installation of an ignition interlock device for 2 years
- Substance abuse treatment
- Court surcharges
Class 6 DUI Penalties
In the event that you are convicted of a Class 6 Felony DUI, you will face penalties that are very similar to that of a Class 4 Felony DUI. The primary difference is in the length of incarceration. With a Class 6 Felony DUI, the recommended prison sentence is from four months to two years. Your individual sentencing will depend on how your underlying misdemeanor offense corresponds to your BAC at the time of the offense. Providing this information to a Schill Law Group attorney can help you build your best defense and minimize penalties wherever possible.
Building Your Case
The Schill Law Group has over 100 years of combined experience in fighting DUI cases just like yours. We understand that while the factors leading to an aggravated or felony DUI charge are generally black and white, that it’s still very possible to build a strong defense on behalf of clients like you. We can work to present arguments that prove that your BAC was not above the legal limit, that an illegal traffic stop was made, or that a wrongful arrest occurred. We will work to understand the unique circumstances surrounding your case in order to fight for your rights and your freedom.
Don’t attempt to fight an aggravated DUI case on your own. Reach out to the experts at Schill Law Group for a free case consultation today.