Arizona DUI Charges Become a Felony If
Kids Are in the Car
You may not realize that aggravated DUI charges
aren't necessarily dependent on your blood alcohol
content. While a BAC reading over 0.15 will
convert your DUI from a misdemeanor to a class
three felony if you live in Arizona, other factors
can increase the severity of the charges as well.
For example, according to Arizona law, if you are
charged with your third DUI within a seven year
time period, you are automatically charged with a
felony. Another factor that can lead to the
increased penalty is the presence of minors in the
vehicle at the time of the arrest. If you had
passengers in your car who were children under
age fifteen when you were stopped for your DUI,
Arizona law dictates that you may be charged with
felony DUI. The higher penalty for the involvement
of minors applies whether or not you have any
previous drunk driving convictions or previous
criminal history. This is especially worrisome
because even though your record has been entirely
clear up until this point, you could be hit with the
DUI law's most extreme penalties.
Arizona has some of the strictest DUI laws in the
nation; charged with felony, or aggravated, DUI
means a person will usually face mandatory jail
time, higher fines and court costs or fees, loss of
their driver's' license for up to three years,
mandatory counseling, therapy, and treatment, and
continuing monitoring and probation after release
from jail.
In addition to the automatic bump from
misdemeanor to felony, the prosecutor may decide
to make an example of you. If you had minors
under fifteen in your car when you were arrested
the state of Arizona may decide to also charge you
with child abuse or child endangerment. Suddenly,
your already serious criminal charges rise to a
completely different level of severity. While such
charges are generally assessed at the prosecutor's
discretion, they are always a possibility.
Felony charges are some of the most serious
charges you can be confronted with. A felony
record can cause life-long complications, affecting
your career prospects, educational opportunities,
ability to parent, and numerous other aspects of life
that you may take for granted.
In light of the serious implications of felony
charges, and the severity of Arizona DUI laws, if
you live in the Phoenix area it is imperative that
you hire a Phoenix DUI attorney to assist you in
your defense. An Arizona DUI attorney will have
the experience and knowledge required to obtain
the best possible outcome for you. An attorney may
be able to obtain a reduced sentence which avoids
any jail time, get the charges reduced, or establish
that probable cause was lacking when you were
initially pulled over.
In order to have the best possible chance of
clearing your name, contact an attorney to advise
you today.