Felony Aggravated DUI – Our Goal is to Get Your DUI Dismissed!
Many Arizona DUIs are misdemeanors, including regular, extreme, and super extreme DUIs. However, you can be charged with an aggravated or felony DUI in the state when certain aggravating factors are present.
An aggravated DUI is a felony and carries harsh penalties and other repercussions. If you face aggravated felony DUI charges, you should promptly retain an experienced defense lawyer at Colburn Hintze Maletta.
How does a DUI become a Felony or Aggravated?
Under ARS 28-1383, there are several scenarios under which a regular DUI could be transformed into a felony offense. These scenarios are considered aggravating factors and include the following:
- 28-1383(A)(1) – Driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs while driving under a suspended, revoked, or restricted driver’s license.
- 28-1383(A)(2) – Driving or being in actual physical control of a vehicle while under the influence after having two or more prior DUI convictions within the last seven years.
- 28-1383(A)(3) – Driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs with someone younger than the age of 15 in the car.
- 28-1383(A)(4) – Driving or being in actual physical control of a vehicle while under the influence and while required to have an ignition interlock device installed.
- 28-1383(A)(5) – Driving the wrong way on a road or highway while under the influence of alcohol or drugs.
Effective Aggravated Felony DUI Defense Tactics
When you meet with a DUI attorney at Colburn Hintze Maletta, we will review the evidence in your case to determine the best strategies to take in your defense. Some of the potential defenses that might be raised include the following:
- No reasonable suspicion for your stop
- Lack of probable cause for your arrest
- Problems with how the police administered the standardized field sobriety tests
- You did not have actual physical control of your vehicle
- Refusal of an independent blood test
- Your Miranda Rights were not properly read to you
- Chain of custody problems
- Violation of your right to counsel
- Invalid or unreliable blood or breath tests
- You had a valid license for a DUI on a suspended license charge
While you might think that being charged with a felony DUI means that you will be convicted, it is possible to defend against these types of charges.
Working with an experienced lawyer can increase your chances of securing a plea to a reduced charge or more favorable sentence.
In many cases, our attorneys are able to mount defenses that result in outright DUI dismissed of the charges against our clients or not-guilty verdicts at trials. You should never try to represent yourself when you are facing these types of charges.
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