A third time felony Aggravated DUI (ARS §28-1383) is a very serious charge in Arizona. An individual will be charged with a third offense felony Aggravated DUI if he has any prior felony convictions, regardless of whether or not those convictions were Aggravated DUIs. For instance, if an individual has been previously convicted of theft and possession of marijuana and receives an Aggravated DUI, the DUI will be considered a third offense felony Aggravated DUI even though the individual has never been charged with a DUI before. Furthermore, even if the individual did not serve prison time for the previous two felonies, he can expect to serve substantial prison time as a result of his Aggravated DUI (ARS §28-1383).
David Cantor explains the penalties for a Third Time Felony Aggravated DUI in Arizona:
The minimum prison term for a third time felony Aggravated DUI is six years (i.e. the standard offer from the state of Arizona), but some individuals may spend up to 15 years in prison; the presumptive prison term is 10 years. Because of the lengthy prison sentence, individuals convicted of a third offense felony Aggravated DUI miss many important events. They are unable to see their children grow up, and they often lose their homes and their driver’s licenses.
However, the prison term may be lessened if the individual’s prior felonies are missing information like a fingerprint, paperwork, or an attorney-client waiver form. A lack of information for previous felonies has the potential to reduce the amount of time an individual will spend in prison. Instead of serving the standard 6 to 15 years, individuals originally facing a third offense felony Aggravated DUI may only be assigned a first time Aggravated DUI punishment of four months in prison.
The State of Arizona does not take third time felony Aggravated DUIs lightly; the consequences for them is stringent and life altering. Individuals facing a third time felony Aggravated DUI should seek professional legal counsel. Our offices want to help you reduce your prison sentence. We may be able to help you get your previous DUI charges thrown out, so they will not be considered. This would make the charge you are facing less than a third offense felony Aggravated DUI and reduce your chances of spending valuable years of your life in prison.
If you are facing a 3rd Offense Felony Aggravated DUI, you will need a lawyer for your case. A lawyer will be able to examine your previous felonies and might be able to find a way out of these new charges. Call us now at (602) 307-0808 for a Free Case Consultation. Our office is available 24 hours a day via phone or by confidential email.