An Aggravated DUI is defined by A.R.S. 28-1383 and is considered a Felony DUI charge. A First-Offense Aggravated DUI is a Felony and carries a mandatory prison sentence of 4 months. A Second Offense Aggravated DUI charge in Arizona carries even harsher penalties, from 2.25 years to a maximum of 7.5 years in prison.
A DUI will be charged as an Aggravated Felony DUI if it occurs within 7 years of a previous DUI or any DUI in which your driver’s license was suspended. It could be due to an unpaid ticket, and getting charged with a DUI on a suspended license will result in an Aggravated Felony DUI.
What is a Third-Offense Felony DUI?
A Third-Offense Felony DUI means you have two prior felony convictions. They don’t necessarily have to be for Aggravated DUI. They can be for anything. It could be a prior felony for possession of marijuana or it could even be a prior felony for a theft. Even if the offender was never sentenced to any jail sentence as a result of the prior felonies, a third-offense Aggravated felony DUI will carry mandatory prison sentence.
A Third-Offense Aggravated DUI in Arizona carries harsher penalties than a first and second offense Aggravated Felony DUI. Similar to the penalties of a First-Offense Aggravated DUI Charge or a Second-Offense Aggravated DUI Charge, a third offense Aggravated DUI charge also carries harsh penalties. A summary of the penalties for a Third-Offense Aggravated DUI charge in Arizona are listed below:
- Mandatory prison sentence of a minimum of 6 years
- A maximum prison sentence of up to 15 years
- Loss of driver’s license for at least 3 years
- Supervised probation after release
- The probation requires monthly visits to the police station, monthly probation fees and consent to submit to random urine analysis
- The offender is also required to enroll in an alcohol screening program and take alcohol abuse classes
The fines are automatically waived in a third-offense Aggravated DUI. Your mortgage will be gone. In most cases, your family will be gone by the time you finish the jail sentence. If you have young kids, they will all be grown up by the time you’ll finish your jail sentence.
In most counties, the offer made to offenders in these cases is 6 years in prison. It would be better if you contact a criminal and DUI defense attorney in Arizona if you are facing a third-offense Aggravated DUI charge. Call Attorney Brian Sloan at the Law Offices of Brian D. Sloan for a Free Initial Consultation at 480-900-0384 or 602-900-0384.