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Aggravated DUI

What is an Aggravated DUI?

A grieving young manAn Aggravated DUI is a felony DUI. When a misdemeanor DUI involves aggravated circumstances, the misdemeanor is raised to a felony in Arizona.

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Some of the aggravated circumstances surrounding a citation for being impaired due to alcohol or drugs to the slightest degree under Arizona law 28-1383 include the following:

A person charged with driving impaired to the slightest degree while:

  1. Your driver’s license is invalid, suspended or revoked;
  2. Being involved in an accident that injured or killed another person, or caused property damage;
  3. Having received two or more prior DUIs within the last 7 years;
  4. Transporting a passenger under 15 years of age;
  5. During a time a person is required to use an ignition interlock device on their vehicle due to a prior impaired driving conviction.

Penalties are severe and call for prison sentencing, steep fines, the loss of your driver’s license, and even the loss of your job.

What is the Burden of Proof for a DUI Conviction?

The state must meet the burden proving every element of a DUI beyond a reasonable doubt that a person was driving impaired due to alcohol or drugs.

In order to convict a defendant of aggravated DUI, the prosecution must prove beyond a reasonable doubt that one or more aggravated factors were also present.

The state and prosecution do this by gathering evidence of impaired driving resulting from statements made by the defendant, DUI field sobriety tests, DUI breath tests, and DUI blood tests results.

For the state to provide a showing that aggravated factors were present, it will utilize such evidence as court and motor vehicle department records. Sometimes out of state records must be gathered to show proof of prior impaired driving convictions that happened in other states.

If you have been charged with an aggravated DUI, contact Phoenix defense attorney James E. Novak. He focuses primarily on DUI cases, and is highly familiar with the intricacies of these charges. Contact us today at (480) 413 – 1499 or complete our contact form to schedule a free consultation for your criminal matter.

Aggravated DUI Penalties

Penalties for felony DUI charges depend on the type of aggravated factor that was involved. For example, a third or subsequent impaired driving charge within 7 year; and driving on a suspended or revoked driver’s license is a Class 4 felony. Driving under the influences of alcohol or drugs with a passenger under the age of 15 is a Class 6 felony. The classification will be higher if a severe injury or fatality occurred as a result of a DUI.

A class 4 felony DUI exposes the accused, from 4 to 8 months in prison; $4,000.00 in fines, fees, and assessments; revocation of driver’s license for one year; for alcohol related DUI charges, lIgnition Interlock Device (IID) after driver’s license reinstated for 2 years; alcohol/drug screening and education; restitution if applicable, and other penalties the court deems necessary.

A class 6 felony DUI conviction calls for prison sentences of 10 to 20 days in jail. The incarceration days are higher for extreme and super extreme DUI blood alcohol levels. Fines, fees and assessments can total $4,000.00. Penalties also include revocation of driver’s license for 1 year and IID for 2 years following reinstatement of the driver’s license; alcohol/drug screening and education; restitution, community service, and other penalties.

The devastating impacts of a felony DUI conviction can last years into the future. This is why it is important that you retain an experienced criminal defense attorney to represent you. James Novak of the Law Office of James Novak can protect your rights, and defend your charges.

Call James Novak today to discuss your matter at (480) 413-1499 or complete our on-line contact form. The Law Office of James Novak offers a free initial consultation for aggravated DUI charges.

What are My Legal Defenses for an Aggravated DUI Charge?

By law you have the right to plead not-guilty and defend your charges. This is the case no matter how serious the circumstances.

The best way to defend your charges is to retain your own experienced criminal defense attorney like James Novak of the Law Office of James Novak. He can provide strong legal representation. The defense strategies he will use will be based heavily on the facts surrounding your DUI. Below are some common challenges that are used in aggravated DUI Charges:

  • The number of prior DUI convictions were less than three
  • Prior DUI convictions were outside of 7 years
  • The passenger in your vehicle was not 15 years of age
  • Driver was not impaired to the slightest degree or more
  • No reasonable suspicion for the stop
  • No probable cause to conduct a DUI blood test
  • Other rights violations
  • DUI roadside testing, breath and blood tests were invalid
  • DUI roadside testing, breath and blood tests were invalid

Aggravated DUI charges are multi-facet in nature. An experienced DUI defense attorney and former prosecutor like James Novak of The Law Office of James Novak can determine the defense strategy that is most likely to lead to a favorable resolution of your charges. The single most important thing you can do now to protect your rights and defend your charges is to consult and retain at the best attorney you can find. Call (480) 413-1499 to speak with experienced criminal defense attorney and former Maricopa County Prosecutor, James Novak regarding your charges.

Call Now for Legal Defense for your Aggravated DUI Charges

If you face felony DUI charges is it important that your consult an experienced DUI defense attorney and retain representation. James Novak of the Law Office of James Novak, PLLC can be your voice in the criminal justice system. He will make sure your rights are protected and tailor a strong defense on your behalf.

An aggravated DUI charge is the most serious type of DUI for which you can be charged in Arizona. James E. Novak, of the Law Office of James Novak will work protect your rights, and work to preserve your freedom and future. James Novak is committed to defending those accused of crimes and will work to get the best possible resolution of your charges.

You can be certain that faulty evidence will not have an adverse effect on your case. James Novak, of the Law Office of James Novak, DUI Attorney in Tempe AZ, has a long history of successfully defending his clients in Phoenix and the greater Phoenix area. Though each case is different, and your situation will present its own unique set of challenges, Novak has the experience to analyze your case and build a strong defense. Contact James Novak, DUI attorney today at (480) 413-1499 or complete our on-line contact form to schedule your free initial consultation.

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I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him. A. T.
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James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation. S. G.
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Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs. T. G.