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Aggravating Factors When Charged With A DUI In Arizona

In Arizona, when someone is charged with a DUI, certain aggravating factors can lead to harsher penalties and sentencing. The legal limit allowed for driving a vehicle in the state of Arizona is with a Blood Alcohol Content (BAC) below 0.08%. Anyone caught driving with a BAC of 0.08% or higher will be arrested and convicted for the crime. However, judges and prosecutors will usually see and weigh any mitigating or aggravating factors to determine the sentencing.

Mitigating Factors In DUI Cases

The presence of any mitigating factors help reduce the punishment because they may justify or explain why the driver acted in the way he or she did. These factors may be used as an excuse to explain the bad behavior and can help reduce the penalties. For example, if the person was driving under a lawfully prescribed medication, or the driver had a clean prior record and barely cracked the 0.08% limit, then the court may show mercy. Moreover, if the driver voluntarily completes a substance abuse program, the court may be inclined to apply a minimum sentence.

Aggravating Factors In DUI Cases

In case if there are any aggravating factors present, then the prosecutors and courts may not provide a lenient sentence. Some of the common aggravating factors in Arizona are:

  • when a driver is caught driving on a suspended license or revoked license
  • when a driver is caught driving under the influence with two prior DUIs in 7 years
  • when a child under the age of 15 years is present in the vehicle with a drunk driver
  • when a driver drives recklessly or is excessively speeding while driving under the influence
  • when a driver causes serious bodily injury or harm to another person
  • when a driver is driving with an extremely high blood alcohol concentration

State laws usually require stiffer sentencing for higher-profile DUI arrests. These aggravating factors will elevate a misdemeanor DUI to a felony DUI. Public pressure and pressure from lobbying groups like MADD (Mothers Against Drunk Driving) are other reasons for harsher penalties when aggravating factors are present.

Get Help From A DUI Defense Attorney

Today, it is very difficult to simply sweep a terrible DUI accident off someone’s record. It requires professional legal counsel and help from a qualified DUI defense attorney to have the charges reduced or dismissed. It is even more important to get help from an attorney when arrested for a DUI with aggravating factors. That’s because once convicted of a DUI with aggravating factors, also called Extreme DUI, the penalties are much more severe which can affect you for a much longer period of time than a typical DUI in Arizona.

Contact the law office of Brian D. Sloan at 480-900-0384 or 602-900-0384 for a Free Initial Consultation. Attorney Sloan is a skilled DUI defense attorney who will evaluate all the evidence, including field sobriety and chemical tests, to ensure that your legal rights are protected.

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


brian sloan on the cover of attorney at law magazine

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

Free Initial

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2 N. Central Ave Suite 1929
Phoenix, AZ 85004
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