Tucson Aggravated Felony DUI Attorney
Elias Damianakos is an experienced Tucson Aggravated Felony DUI attorney defending against all DUI and related charges in felony DUI prosecutions. Prosecutors in Pima County aggressively prosecute felony Aggravated DUI cases. In many instances, plea offers are not offered, and prosecutors seek stiff penalties.
In Arizona, a person can be charged with a felony Aggravated DUI under a number of circumstances, under A.R.S. § 28-1383, as follows:
- DUI while license is suspended because of a prior DUI – A.R.S. § 28-1383(A)(1)
- Third DUI conviction within 7 years – A.R.S. § 28-1383(A)(2)
- DUI while minor under 15 years of age in vehicle – A.R.S. § 28-1383(A)(3)
- DUI while required to have ignition interlock – A.R.S. § 28-1383(A)(4)
In addition, a person charged with felony aggravated DUI is usually also charged with endangerment, a class 6 felony, under A.R.S. § 13-1201. The State could also charge felony or misdemeanor criminal damage charges if there was an accident causing property damage, or aggravated assault if there was injury to another person.
Felony Aggravated DUI Penalties
Each of the above offenses are class 4 felonies, except for DUI while minor under 15 in vehicle, which is a class 6 felony. As to class 4 felony aggravated DUI convictions, as a condition of probation, which may be up to 10 years, the court must sentence a person to 4 months prison. If the court does not sentence a person to probation, he or she faces prison sentence ranging from 1 to 3.75 years, with a presumptive sentence of 2.5 years. As to class 6 felony aggravated DUI, a person can be either sentenced to probation, with a discretionary period of jail to be determined by the judge, or a prison sentence ranging from 3 months to 2 years, with a presumptive sentence of 1 year imprisonment.