Driving under the influence (DUI) is a serious offense where someone could face severe punishments. Aggravating factors could cause someone to face even harsher penalties. If you’re facing an aggravated DUI charge, you want a strong legal team by your side.
Meet Gurion Legal. When you work with our team, we can build a solid defense that aims to get your charges dropped, reduced, or dismissed. A Phoenix aggravated DUI felony lawyer can explain your options today. Call now to get started.
Why Choose the Phoenix DUI Team at Gurion Legal?
At Gurion Legal, we believe passionate and informed representation is the bedrock of our legal system. We have handled many cases involving complex issues that require litigation and lengthy trials. Our team has an exceptional record of success because of the time and care we put into each case.
When you hire our team to defend you from aggravated DUI felony charges in Phoenix, we do everything possible to preserve your future.
Once we start working on your case, we can:
- Represent you during all interviews: You have the right to have a lawyer when law enforcement questions you. We can advise you on what information you should share and what you shouldn’t. We can also ensure that the police don’t violate your rights; they should treat you fairly.
- Investigate your case: We conduct our own investigation into the circumstances surrounding your arrest. Our team can look for every avenue to clear your name at trial. We can look at the prosecution’s case and poke any holes in the story to prove you aren’t guilty.
- Provide responsive communication: We frequently provide updates, so you know what’s happening with your case. Anything you say to us is confidential. Our team can ensure you’re aware of the possible consequences and how our team can combat the charges you face.
- Negotiate with the prosecuting attorney: We can advocate aggressively with the prosecuting attorney for a fair outcome. We can also see if any plea bargains could reduce the penalties you face.
- Represent you at trial: If the prosecuting attorneys don’t offer an appealing plea bargain, we can represent you at trial. Our team can build a solid defense and support you each step of the way.
If you do get sentenced, we can represent you through those hearings. Our team can fight to lessen the punishments you face. When you choose us, you can rest assured our team will do everything possible to protect your legal rights.
What Is an Aggravated DUI?
Someone commits an aggravated DUI when law enforcement finds them driving while under the influence of drugs or alcohol while also committing another offense.
The Difference Between a DUI and an Aggravated DUI
If you’ve received a charge for suspicion of driving under the influence of drugs or alcohol, you could get charged with a DUI. Often, law enforcement officers determine your alleged intoxication by measuring your blood alcohol content. The Arizona Department of Public Safety states that if your blood alcohol content (BAC) is over .08 percent or higher, you’re over the legal limit.
An aggravated DUI charge is an elevated charge and usually occurs when factors (aside from drinking and driving) are involved. Therefore, people who face aggravated DUI charges could face harsher penalties than someone who got charged with a regular DUI.
Factors That Elevate a DUI Charge to an Aggravated DUI Charge
Aggravating factors could increase the penalties when caught driving under the influence of drugs or alcohol.
You could face an aggravated DUI charge if:
- Law enforcement pulled you over while you were driving on a revoked or suspended license.
- You’ve had at least two DUIs within the past seven years.
- You were pulled over after driving on the wrong side of the road.
- You had a child 15 years or younger in the vehicle when law enforcement arrested you.
- You were supposed to drive with an ignition interlock device but didn’t.
You could face aggravated DUI charges if you get pulled over and meet these factors. If so, our team can protect your freedom.
We Stand Between You and the Penalties for Aggravated DUIs
If you get stopped by law enforcement and have a BAC over the legal limit, you could lose your license for up to one year. You could also have to complete a required drug and alcohol screening before you can get your license back. If you refuse to blow into the Breathalyzer, you could receive 12 months to 24 months of a license suspension.
According to the Arizona Department of Transportation (ADOT), other penalties for a DUI conviction include:
- First offense: You must stay in jail for at least 10 days and pay a fine of not less than $1,250. You will also have to undergo alcohol education classes. Another penalty you could face is having a certified ignition interlock device placed in your car. That way, you must take a BAC-level test before your car starts.
- Second or more offenses: You must stay in jail for at least 90 days and pay a $3,000 fine. Your license will get revoked for at least 12 months. To get your license back, you must undergo alcohol education classes and have a certified ignition interlock device placed in your car.
For an aggravated DUI, you could face two years in prison in addition to the other penalties involved with a DUI. In addition, you will have to perform community service and have a certified ignition interlock device to start your car.
The Long-Term Consequences of a Conviction
You could face other consequences outside of the law because of a conviction on your record. That is why you must hire an aggravated DUI defense attorney.
Our aggravated DUI lawyers in Phoenix can defend your rights so you can avoid further consequences.
Long-term consequences of having a conviction on your record include:
- Difficulty finding employment: Many jobs require clean background checks to gain employment. If you apply for a job and the employer sees a conviction on your record, they could deny your application. If they don’t require a clean background, employers could still choose someone with a clean record over you.
- Difficulty keeping employment: You could lose your job if your employer finds out you have a criminal conviction on your record—especially if you drive for a living. This could put you in serious financial straits.
- Problems doing “gig economy” jobs: Some people rely on driving for rideshare services to supplement their income. However, rideshare companies don’t allow people with recent convictions to work for them. For instance, Uber will not hire a driver who had a DUI within the last several years.
- Mortgage companies could deny your application: Many lenders will deny applications that list a criminal conviction. Mortgage companies could insinuate this describes someone’s character, and they could believe you would have trouble paying back the loan.
- Trouble finding somewhere to rent: Many landlords conduct a background check before allowing someone to live on one of their properties. If they see you have a criminal conviction on your record, they could deny your rental application.
- You could lose your rights to civil duties: After getting a criminal conviction, you could lose your right to vote, serve on a jury, or hold a public office.
- You can’t travel to certain countries: Some countries around the world have travel restrictions that don’t allow people who have criminal convictions to visit or claim residency. Even a misdemeanor can sometimes limit your ability to enter other countries.
- You could lose or struggle to maintain child custody: During child custody hearings, judges typically make a ruling based on what is in the child’s best interests. If you have a conviction on your record, they could question your character and ability to parent. You could also lose child custody once convicted.
Hiring strong legal support can help you avoid a conviction and all the extra consequences that come with it. The team at Gurion Legal can defend your rights and support you throughout the entirety of your case.
Potential Defenses to an Aggravated DUI
When you start working with our firm, we can build a solid defense strategy against your charges. We can tailor your defense based on the circumstances and evidence surrounding your case. Potential defenses include:
Police Never Gave You the Opportunity to Contact an Attorney During the Investigation
Everyone in the United States who gets arrested has the right to consult with an attorney during any criminal investigation before or after they get arrested. In an aggravated DUI, it is critical to obtain legal counsel quickly; this allows a lawyer to manage your case from the very beginning.
In Arizona, someone who law enforcement suspects of driving while under the influence can speak to an attorney if it doesn’t delay the investigation.
If the investigators refused to allow you to have an attorney present during questioning, they must prove it would have impeded the timeline of the investigation. If the state doesn’t allow you to have an attorney and cannot provide a reasonable rationale for that decision, they could drop the charges.
The Breathalyzer Provided Inaccurate Information
A Breathalyzer is a tool law enforcement uses to determine someone’s BAC level. Occasionally, these tools can provide an indirect or inaccurate reading.
Other factors that could affect Breathalyzer test results could include:
- Differences in body temperatures when the test gets administered.
- There is a 10 percent margin of error within the Breathalyzer test itself.
- The alcohol residue left in your mouth could make the results read higher than they really are. This can happen if the test is administered too quickly after taking a drink.
- Certain medical conditions could cause the Breathalyzer to provide an inaccurate reading. Asthma medications, such as Albuterol, could affect breath test results.
Our attorneys can speak with experts to determine if there were any inaccuracies with the Breathalyzer test results. If the Breathalyzer was improperly administered or was not maintained properly, it could malfunction. We can find many reasons to prove the Breathalyzer malfunctioned and have any related evidence dismissed.
Law Enforcement Illegally Stopped You
Law enforcement cannot stop a motorist unless they reasonably suspect the person driving is breaking the law. Law enforcement cannot seize any person if a violation hasn’t occurred.
Law enforcement must prove you violated a traffic law, which is why they pulled you over. They cannot stop a vehicle because they think or assume the person is breaking the law.
Our attorneys can review the police report and body cam footage to determine why you got pulled over. If the law enforcement officers illegally stopped you, we could work to get your charges dropped.
Law Enforcement Improperly Gathered Evidence
The police must go through certain channels to gather the evidence needed to support your case. If they don’t follow this procedure, we could move to have this information disregarded. If that information is the only thing the prosecutor has to support their case, we could fight to have your case dismissed or dropped.
Contact Our Aggravated DUI Attorneys Today
If law enforcement charges you with an aggravated DUI, contact our firm today at (480) 800-0020. An aggravated DUI attorney serving Phoenix from Gurion Legal can investigate your arrest and the charges you face. When we investigate your case, we can develop an appropriate defense that could secure your freedom.
A good way to explore your legal options is to speak to one of our attorneys during a free consultation. We can discuss your charges during a confidential consultation and explain how our team can help you. There is no obligation to choose our firm during the consultation, so call us immediately. We want you to feel confident that our team can protect your future.
