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ARIZONA AGGRAVATED DUI lawyers

In Arizona, an aggravated DUI is considered a serious felony offense under ARS 28-1383, particularly when certain aggravating circumstances are present. These include driving under the influence while having a suspended or revoked license, having two previous DUI convictions within seven years, driving with a child under 15 years old in the vehicle, operating a vehicle with an ordered ignition interlock device (IID), or driving on the wrong side of the highway.

Defenses against aggravated DUI charges can include challenging the legality of the traffic stop, proving the inaccuracy of breath or blood tests, or demonstrating that the defendant was not in actual physical control of the vehicle. It’s crucial to consult with a knowledgeable DUI attorney to explore these defenses, as the consequences of a conviction are severe and long-lasting​

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HOW PHOENIX DUI LAWYERS CAN HELP WITH YOUR AGGRAVATED DUI CASE

Facing an aggravated DUI charge in Arizona demands knowledge of the local jurisdiction's laws. Given the complexity of Arizona's DUI laws and the severe repercussions that follow an Aggravated DUI charge, selecting a Arizona DUI lawyer can be a hard decision. Using the following "4 Must Knows" is a surefire way to guarantee you are receiving the right representation for your DUI matter.  This guidance equips you with the essential criteria to navigate the selection process, ensuring your legal representation possesses not only the requisite expertise in DUI defense but also an intimate understanding of the Phoenix legal landscape. By emphasizing these key considerations, you position yourself to find an advocate who will diligently work towards mitigating the charges against you, leveraging their knowledge and experience to craft a defense strategy tailored to the unique circumstances of your case.

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WHAT AM I FACING IF I AM CONVICTED OF AN AGGRAVATED DUI IN ARIZONA?

For an aggravated DUI charge, the consequences you may face are as follows:
INCARCERATION

At a minimum, you could be sentenced to four months in prison. The maximum sentence could extend up to 3.75 years in prison, with potential increases if there are previous felony convictions.

FINANCIAL PENALTIES
  • A base fee of $250
  • A fine of $750
  • An additional surcharge of $630
  • Contributions to the Prison Fund amounting to $1500
  • Contributions to the Public Safety Equipment Fund of $1500
  • A Time Payment Fee of $20
  • A Probation Fee of $20
SUSPENDED DRIVING PRIVILEGES
  • Your driver’s license could be revoked for three years.
  • You may be required to participate in alcohol or drug screening and education programs.
  • Community service may be mandated.
  • Probation could last for up to ten years, with a monthly probation fee, typically around $65.
  • You might need to secure SR22 insurance.
  • An Ignition Interlock Device (IID) may be required on your vehicle for two years.
ADDITIONAL REQUIREMENTS/CONSEQUENCES
  • Your DNA will be collected.
  • Participation in a Victim Impact Panel may be required.
  • You may be eligible or required to participate in a specialized Driving Under the Influence Court program.
  • A felony conviction will be part of your permanent record.
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 4 MUST KNOWS BEFORE HIRING A AGGRAVATED DUI LAWYER

  • 1. Hiring an Arizona DUI Lawyer knowledgeable of the local Courts.

    Understanding the local court systems is crucial for any DUI defense, especially for aggravated DUI, which can lead to severe penalties. In Arizona, the knowledge of a lawyer familiar with the local courts can significantly impact the outcome of a case. Aggravated DUI cases may be handled in superior courts across various counties, such as Maricopa, Pinal, Pima, and Yavapai. Each of these courts, including their municipal counterparts within each county, operates with its own set of procedures and dynamics.

    At Arizona Criminal Defense & DUI Lawyers, our team, led by Michael Tamou and his associates, has extensive experience and a deep understanding of these courts. We are well-acquainted with the prosecutors, judges, and current trends in DUI defense across Arizona, not just in a specific area. This broad knowledge allows us to tailor our defense strategies effectively across multiple jurisdictions, anticipating prosecutorial tactics and judicial tendencies, which can vary significantly from one court to another.

    This comprehensive approach ensures that we provide nuanced and informed representation, enhancing our ability to secure a favorable outcome for our clients. By hiring a team that is adept across Arizona’s varied legal landscapes, you ensure that your defense leverages every possible advantage.

  • 2. Hiring a DUI Lawyer who knows the Prosecutors
    Facing an Aggravated DUI charge in Arizona means you’re up against some tough prosecution. But here’s the insider secret: knowing who’s prosecuting your case can significantly change the game. Every prosecutor has their own playbook—certain strategies, preferences, and goals that guide how they approach a case. At Arizona Criminal Defense & DUI Lawyers, we believe in doing our homework. By understanding the individual prosecutor’s approach, we can predict their moves, challenge their evidence more effectively, and negotiate better outcomes for you. This isn’t just about defense; it’s about crafting a proactive strategy that leverages our deep knowledge of All Superior & Municipal Court prosecutors. Whether it’s a nuanced plea negotiation or a critical evidentiary challenge, our insight into the prosecution’s methods gives you a crucial advantage in your Aggravated DUI case.
  • 3. Hiring a DUI Lawyer that has experience with the Judges

    The role of the judge in an Aggravated DUI case cannot be overstated. Each judge brings a unique perspective to the bench, influenced by their personal experiences, judicial philosophy, and interpretation of DUI laws. These nuances can significantly impact your case’s direction and, ultimately, its outcome. That’s why at Arizona Criminal Defense & DUI Lawyers, we place immense value on understanding the judges within Phoenix’s legal system. Our extensive experience before the judges of both Superior and Municipal Courts means we’re adept at tailoring our defense to resonate with the judge presiding over your case. We know how to navigate the courtroom dynamics, present arguments that speak to each judge’s concerns, and anticipate the judicial decision-making process. This strategic approach is especially crucial in Aggravated DUI cases, where the stakes are high, and the penalties severe. Leveraging our insights into the judges’ preferences and procedural styles, we aim to align our defense strategy with the factors most likely to influence a favorable judgment, ensuring your side of the story is heard and understood in the most impactful way.

     

     
     
     
     
  • 4. Hiring a DUI Lawyer with Experience in Aggravate DUI cases

    Selecting the right Arizona Criminal Defense & DUI lawyer, especially when dealing with an Aggravated DUI case, is an important decision that requires careful consideration. Aggravated DUI charges in Arizona are not only complex but come with much harsher legal consequences that can impact your life dramatically. Understanding the severity of these charges is essential to having the right legal help that brings not just a general understanding of DUI law but proven experience in handling Aggravated DUI cases.

    An experienced lawyer with these charges must have understanding of the aggravated DUI laws, particularly the factors that elevate a DUI to an aggravated level. This includes knowledge of how to challenge the prosecution’s evidence, argue against the severity of the charges based on the specifics of your case, and explore all avenues for defense that could lead to reduced penalties or even a dismissal.

    Building a Strong Defense: The right Arizona Criminal Defense & DUI lawyer for your Aggravated DUI case will also have a strong track record of success in similar cases, demonstrating their ability to navigate the complexities of the legal system effectively. They should be used to developing strategic defenses tailored to the unique aspects of each case, from questioning the validity of the stop and arrest to challenging the accuracy of blood alcohol content (BAC) testing methods and results.

    Local Legal Insights: Our Arizona Criminal Defense & DUI lawyers have extensive experience in Arizona courts which is invaluable to your defense.  Without knowledge of local rules, you could potentially be setting yourself up for subpar defense.  Let Arizona DUI Lawyers help you with your aggravated DUI case and get a better result with our knowledge of the local insights.

    Hiring an Arizona DUI lawyer with specific experience in Aggravated DUI cases is crucial. Look for a legal professional who combines in-depth legal experience with a personalized approach to defense, offering you the best chance for a favorable resolution in the face of challenging charges.

WHAT MAKES AN ARIZONA DUI "AGGRAVATED"?

In Arizona, certain factors can elevate a standard DUI charge to an Aggravated DUI, resulting in more severe penalties. The specific conditions that might lead to an Aggravated DUI charge can include, but are not limited to, the following:

1.Multiple DUI Offenses: Committing multiple DUI offenses within a certain time frame (e.g., three or more DUI convictions within a 7-year period).

2. Driving on a Suspended, Revoked, or Restricted License: Operating a vehicle under the influence while having a suspended, revoked, or otherwise restricted driver's license.

3. DUI with a Minor in the Vehicle: Being under the influence while driving with a passenger under the age of 15 in the vehicle.

4. Extreme or Super Extreme DUI: Driving with a blood alcohol concentration (BAC) significantly above the legal limit. In Arizona, Extreme DUI charges are typically for BAC levels of 0.15% or higher, and Super Extreme DUI
charges for BAC levels of 0.20% or higher.

5. Causing Serious Injury or Death: Being involved in an accident that causes serious injury or death while under the influence can lead to more serious charges, such as vehicular manslaughter or aggravated assault with a vehicle.

6. Refusing to Comply with a Police Officer: Failing to comply with lawful orders or resisting arrest during a DUI stop can aggravate the charges.

7. Driving the Wrong Way: Operating a vehicle in the wrong direction on a roadway while under the influence.
8. Having an Interlock Device Requirement: Driving under the influence when the vehicle is required to be equipped with an ignition interlock device, but the device is not installed or not functioning.

"Michael Tamou from Arizona Criminal Defense & DUI lawyers played a pivotal role in getting my DUI case dismissed, and I couldn't be more grateful. The incident occurred as I was leaving a Phoenix Suns game, and it was undoubtedly a stressful situation. Michael's expertise and dedication to my case were exceptional.  What stood out the most was his relentless pursuit of justice. Michael focused on the conditions during my Horizontal Gaze Nystagmus (HGN) tests, which eventually prompted the state to drop the case. His meticulous attention to detail and relentless advocacy were instrumental in achieving this favorable outcome.

I can't thank Michael Tamou enough for his professionalism and determination in securing a positive resolution to my DUI case. I highly recommend Arizona Criminal Defense & DUI lawyer and Michael's services to anyone facing similar legal challenges."

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