An Aggravated DUI (ARS §28-1383(A)) refers to any driving under the influence charge that is the third offense within a seven year time frame. For instance, drivers that have been charged with a DUI five years ago, three years ago, and presently, will be facing first offense felony Aggravated DUI charges. In addition, Aggravated DUI charges may result from an individual driving under the influence without a valid driver’s license. Since it is common for people to not appear in court to deal with traffic tickets, their license might be suddenly suspended and they are now facing major Aggravated DUI charges. Finally, the third way to be charged with an Aggravated DUI is to have a minor under 16 within the car when pulled over for a DUI.
David Cantor explains the punishment for a First time Felony Aggravated DUI in Arizona:
If you are charged with Aggravated DUI in Arizona, you will be facing some of the strictest consequences for driving under the influence in the entire country. It is a mandatory penalty for all individuals convicted of Aggravated DUI to serve at least four months in PRISON in Arizona. You will be locked up behind bars for 24 hours a day for a minimum of 4 months. Take a moment to mull over the impact that this sentence would have on your life, job, mortgage, children, and future. Besides losing your job from this felony, you will lose your professional license as a physician, nurse, lawyer, pilot, real estate agency, stock trader, or member of the military. When individuals are convicted of felony Aggravated DUI, all rights are lost to vote or own a gun.
Although the fine is often waived, you will still be responsible for undergoing substance abuse screening that costs $50 and completing at least 36 hours of classes for $585. After losing your driver’s license for a minimum of three years, you are also required to have an ignition interlock device installed into your car for the next two years. An ignition interlock device is a breath-testing machine that is placed within the steering wheel. You will have to breathe into it to start the ignition and blow into it at fifteen minute intervals to keep the vehicle running. Additionally, it is required that you take the device to a facility every 90 days to ensure that no alcohol has been in your system while driving. Not only is this a tremendous hassle, but it also will cost between $2,000 and $2,400 total for the two years.
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Being convicted of an Aggravated DUI felony in Arizona also has a negative impact on your auto insurance. You will now be required to attain an SR-22, which is a special stipulation that you must pay to your insurance provider to inform the DMV if your insurance should lapse. Most insurance carriers charge around $500 each year for three years of this added provision ($1,500). And, you should expect your insurance premiums to skyrocket by at least $3,000 for the next three years ($9,000). In all, that totals an additional $10,500 on top of your already existing insurance costs.
Let’s review the total costs and penalties of an Aggravated DUI in Arizona:
• At least 4 months in prison
• Substance abuse screening and 36 classes: $50+$585 = $645
• Installation of Ignition Interlock Device: $1,000 to $1,200 annually, or $2,000 to $2,400 for two years
• Insurance provision SR-22: $500 each year, $1,500 for three years
• Car insurance premium increases of $3,000 per year for three years: $9,000
Therefore, the total calculated costs after prison and license revocation equals: $13,545
Since the punishment for an Aggravated DUI in Arizona is nearly $14,000, it is important that you consult with an experienced and qualified DUI defense lawyer. You are encouraged to explore our website and in particular the DUI Case Victories section to find out how often we win Aggravated DUI cases. We have a great chance of reducing your charges to a misdemeanor DUI, which means you will have to spend just one day in jail. If possible, we will work diligently to find flaws in your case and perhaps have your case dismissed altogether.
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