Recently, a state appellate court issued a written opinion in an Arizona aggravated DUI case that was brought against a man who was arrested for driving while under the influence while his license was suspended. The case required the court to determine if the lower court properly instructed the jurors that they could presume the defendant had notice that his license had been suspended. Ultimately, the court determined that the jurors were properly instructed and affirmed the defendant’s conviction.
Aggravated DUI in Arizona
Under Arizona Revised Statutes section 28-1383, a motorist can be charged with an aggravated DUI offense if the prosecution can prove one of several additional facts. For example, if a motorist is found to be driving under the influence while their license was suspended. Another example is if there is a passenger under the age of 15 in the vehicle at the time the driver is arrested for DUI.
The Facts of the Case
The defendant was arrested in Arizona after he rear-ended a police officer. It was later determined that the defendant was intoxicated and that his California driver’s license had been suspended. The defendant was charged with aggravated DUI, convicted, and sentenced accordingly.