Third DUI Offense in Seven Years: Arizona Aggravated DUI
This article discusses the following:
Being charged with a third DUI offense in the state of Arizona within seven years can result in serious consequences, including a felony conviction for aggravated DUI.
With the potential for harsh penalties such as lengthy jail time, hefty fines, license suspension, and mandatory ignition interlock device installation, it is important to seek the guidance of a skilled DUI attorney.
This is where Kolsrud Law Offices comes in. Specializing in DUI defense cases, their team of experienced lawyers is equipped to handle the complexities of Arizona's legal system and work towards a favorable outcome for their clients.
With a track record of success in handling prior DUI convictions and advocating for the best interests of their clients, Kolsrud Law Offices is a trusted resource for anyone facing an aggravated DUI charge in Arizona.
When Can a DUI Offense Become an Aggravated DUI
In Arizona, driving under the influence (DUI) charges can escalate to an aggravated DUI under certain conditions outlined in the Arizona Revised Statutes (A.R.S.). These conditions significantly increase the severity of the offense, leading to harsher penalties. Here’s a detailed look at the circumstances that can elevate a DUI to an aggravated DUI under A.R.S. § 28-1383:
① Committing a DUI with a Suspended, Revoked, or Canceled License
A DUI offense becomes aggravated if it is committed while the person's driver license or privilege to drive is suspended, canceled, revoked, or refused, or if there is a restriction on the license due to previous DUI violations under sections 28-1381 or 28-1382, or under section 28-1385.
② Multiple DUI Offenses Within Eighty-Four Months
An individual commits an aggravated DUI if they commit a third or subsequent DUI offense within an eighty-four-month (seven-year) period. This lookback period applies regardless of the sequence in which the offenses were committed. The statute specifies that only distinct DUI offenses within this timeframe count towards this aggravation; multiple offenses arising from the same act do not qualify. Time spent incarcerated or absconding is excluded from this calculation period.
③ DUI with a Minor in the Vehicle
An aggravated DUI charge applies if the offense occurs while a person under fifteen years of age is in the vehicle. This condition reflects the heightened concern for the safety of minors, leading to more severe penalties for offenders driving under the influence with a child present.
④ Failure to Install an Ignition Interlock Device
If an individual is required by court order or the Arizona Department of Transportation (ADOT) to equip their vehicle with a certified ignition interlock device (IID) and commits a DUI without the IID, they will be charged with an aggravated DUI. Compliance with IID requirements is strictly enforced to prevent repeat offenses.
⑤ Driving the Wrong Way on a Highway
Driving the wrong way on a highway while under the influence also constitutes an aggravated DUI. This is due to the extreme danger posed to other motorists and the potential for severe accidents and injuries.
Understanding the Seven-Year Lookback Period
Arizona's DUI laws enforce an eighty-four-month (seven-year) lookback period under A.R.S. § 28-1383 to determine the severity of DUI charges.
This period starts from the date of the first offense and includes any subsequent offenses within this timeframe.
The sequence of offenses is irrelevant; the key factor is the dates of the offenses. Time spent in custody or as an absconder is excluded from this period, ensuring it accurately reflects community behavior.
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What are the Penalties for a Class 4 Felony
In Arizona, a third offense DUI within seven years is classified as a Class 4 felony, leading to severe penalties aimed at deterring repeat offenders.
Mandatory Prison Sentence
A Class 4 felony aggravated DUI results in a mandatory minimum prison sentence. Individuals convicted of this third DUI offense must serve at least four months in prison. This sentence is non-negotiable, and offenders are not eligible for probation, pardon, commutation, or suspension of sentence until they have served the minimum term.
Fines and Assessments
- Convictions for a Class 4 felony DUI come with substantial fines. The court imposes a fine of not less than $750, along with additional assessments totaling $3,250. These include a $250 DUI abatement fee, a $1,500 prison construction fee, and a $1,500 public safety equipment fee.
License Revocation
- Under Arizona law, the Arizona Department of Transportation (ADOT) will revoke the individual's driving privileges for at least one year upon conviction.
Ignition Interlock Device
Following the revocation period, individuals must install a certified ignition interlock device (IID) in their vehicles. This device requires the driver to pass a breathalyzer test before the vehicle can start. The IID must be maintained for a period determined by the court.
Additional Penalties
Class 4 felony aggravated DUI convictions can also lead to mandatory alcohol education and treatment programs, community service, and other court-ordered penalties. These measures aim to rehabilitate offenders and prevent future DUI incidents.
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What Defense Strategies Can Be Used Against an Aggravated DUI Charge
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