Articles Posted in Aggravated Dui

Recently, a state appellate court issued an opinion in an Arizona DUI case discussing the elements of an aggravated DUI under Arizona Revised Statutes (A.R.S.) section 28-1383(A)(3). Ultimately, the court determined that the prosecution established evidence of each element, and affirmed the jury’s guilty verdict.

According to the court’s opinion, the defendant was driving a 14-year-old girl home from a party when he was involved in a car accident. Evidently, the defendant did not know the girl very well, and was unaware of her age. When police arrived on the scene, they found a bottle of pills inside the vehicle, and the defendant admitted that he had smoked marijuana earlier that day.

The defendant was arrested and charged under A.R.S. section 28-1383(A)(3), which makes it an aggravated DUI to operate a vehicle under the influence of drugs or alcohol while carrying a passenger less than 15 years of age. The defendant requested the trial court instruct the jury that he could not be found guilty unless the prosecution proved the defendant knew the girl was under 15 years of age. The court rejected the defendant’s request and the jury convicted the defendant of aggravated DUI. The defendant appealed.

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.

Continue reading

The people of Tempe deserve a skilled defense attorney who puts their rights ahead of all else. That's why so many people turn to The Law Office of James Novak in their time of legal need. For skilled criminal law and DUI defense, we can help.

A number of clients have questions about the nature of aggravated DUI charges. Let's take a moment to consider these kinds of cases and the legal penalties involved right now.

Defining Aggravated DUI

The Law Office of James Novak has helped countless people in and around Phoenix in need of a criminal defense lawyer. We help ensure that the legal system is fair and works for everyone, and that each client understands all of his or her options when it comes to their case. If you need a skilled DUI defense attorney, we are here for you.

A number of clients have had questions about the differences between Extreme DUI charges and Aggravated DUI charges. We'd like to compare the two right now.

Different Drunk Driving Charges Based on Circumstances

Contact Information