Understanding Aggravated DUI Arizona: ARS 13-1383
Facing aggravated DUI Arizona charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona aggravated DUI laws, which are sometimes referred to as felony DUI Arizona laws. It explains key terms and aggravated DUI Arizona penalties. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with aggravated DUI in Arizona, consult with a qualified Arizona DUI attorney as soon as possible.
What is an Aggravated DUI in Arizona?
ARS 28-1383 defines aggravated DUI in Arizona, which is one of the most serious of the Arizona drunk driving laws. The definition of Arizona aggravated DUI is divided into two parts:
- Driving under the influence
- Aggravating circumstances
A conviction for ARS aggravated DUI requires proof of both driving under the influence and at least one of the aggravating circumstances.
Driving Under the Influence:
Arizona DUI laws define driving under the influence as driving or being in actual physical control of a vehicle under any of the following circumstances:
- While under the influence of alcohol or drugs if impaired to the slightest degree.
- With an alcohol concentration of 0.08 or higher within two hours of driving or being in actual physical control of the vehicle, and the alcohol concentration results from alcohol consumed before or while driving or being in actual physical control of the vehicle.
- With drugs or drug metabolites in the body.
- While driving a commercial vehicle (e.g. semi-truck, bus) with an alcohol concentration of 0.04 or higher.
- While driving a vehicle for hire (e.g. taxi) or as a transportation network company driver (e.g. Uber) with an alcohol concentration of 0.04 or higher.
Aggravating Circumstances:
Aggravated DUI ARS 28-1383 sets out all the following aggravating circumstances that constitute Arizona aggravated DUI:
- Multiple DUI Convictions: committing a third or subsequent DUI violation within a period of seven years.
- DUI with a Restricted License: committing a DUI with a suspended, canceled, revoked, or refused driver’s license or driving privilege.
- DUI with a Minor in the Vehicle: committing a DUI with a child under 15 years old in the car.
- Failure to Use an Ignition Interlock Device: committing a DUI while a certified ignition interlock device court order is in place.
- Wrong way: committing a DUI while driving the wrong way on a highway.
Sentencing Under Arizona DUI Laws:
Aggravated DUI Arizona penalties are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime. The following Arizona DUI penalty chart summarizes the potential consequences for each type of offense:
| Multiple Convictions | Restricted Licenses | Ignition Interlock | Wrong Way | Minor in Vehicle | |
|---|---|---|---|---|---|
| Class | Class 4 felony | Class 4 felony | Class 4 felony | Class 4 felony | Class 6 felony |
| Jail/Prison (minimum) | Prison: 4 months or 8 months if 3+ DUIs | Prison: 4 months | Prison: 4 months | Prison: 4 months | Jail: 10 – 90 days depending on DUI facts |
| DUI Fines in Arizona | $4,000 | $4,000 | $4,000 | $4,000 | $4,000 |
| Alcohol/Drug Treatment | Yes | Yes | Yes | Yes | Yes |
| Traffic School | Yes | Yes | Yes | Yes | Yes |
| License Revocation | Yes | Yes | Yes | Yes | Yes |
| Interlock Device | Alcohol DUI: Yes | Alcohol DUI: Yes | Alcohol DUI: Yes | Alcohol DUI: Yes | Alcohol DUI: Yes |
| Vehicle Forfeiture | Possible | Possible | Possible | Possible | Possible |
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope:Driving under the influence involves operating or being in actual physical control of a vehicle while having prohibited levels of drugs or alcohol in your system, or while impaired by alcohol, drugs, or both.
- Elements of the Crime
- Actual Physical Control: Actual physical control is determined by the totality of circumstances, such as whether the vehicle was running, where the person was found in the vehicle, and other factors indicating control over the vehicle.
- Impairment:Impairment to the slightest degree due to drugs or alcohol can result in a DUI charge, regardless of the levels.
- Alcohol Concentration: An alcohol concentration of 0.08 or higher within two hours of driving qualifies as DUI. For commercial drivers, the limit is 0.04.
- Drug Presence: DUI charges can be based on the presence of drugs or their metabolites in the body.
- Sentencing:
- First Offense: Minimum of 10 days in jail (9 days may be suspended), fines starting at $1,250, possible community restitution, and mandatory ignition interlock device.
- Second Offense (within 7 years): Minimum of 90 days in jail (60 days may be suspended), fines starting at $3,000, mandatory community restitution, ignition interlock device, and 1-year revocation of driving privileges.
- Classification: An Arizona DUI is classified as a class 1 misdemeanor.
Next Steps:
Aggravated DUI in Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing Aggravated DUI Arizona charges, under ARS 28 1383, engaging a skilled Arizona DUI attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.