Why I am I charged with Aggravated DUI?

by Aaron Black • March 02, 2014
 Aggravated DUI as a Class 4 Felony is charged in Arizona if you were:
  • Driving or in Actual Physical Control of a vehicle; and
  • Impaired by alcohol to the slightest degree or over a .08 BAC; and
  • You knew or had reason to know your license was suspended, revoked, candled or refused; or
  • You were ordered to have an ignition interlock in your vehicle; or
  • This is your third DUI within 84 months
Aggravated DUI is a class 4 felony in Arizona. If convicted it carries a mandatory minimum 4 months in prison. However, the presumptive sentence is 2.5 years. If you have one allegeable felony prior the sentence is 2.25 - 7.5 years. If you have 2 prior felonies, the sentence is 7.5 - 15 years.

There are many ways to beat an Aggravated DUI. Aaron Black recently did when the state could not prove his client was convicted of a Washington State DUI. Therefore, the state could not prove this was her third DUI in 84 months. Her case was dropped to a misdemeanor.

Aaron Black also proved in plea negotiations that substantial evidence existed to show his client did not know his license was suspended. Aaron Black subpoenaed a Phoenix Police officer to court to prove the point. The Aggravated DUI was reduced to an Endangerment Open. Aaron's client will be able to turn this charge into a misdemeanor!

Aaron Black is a Phoenix Criminal Defense Attorney and one of the leading trial attorneys in Arizona. Aaron Black is recognized as a 2012 and 2013 Super Lawyer Rising Star in Criminal Defense (Top 2.5% of lawyers under 40 in Arizona and New Mexico). He is rated 10/10 on AVVO.com, and is rated by Martindale-Hubbell as an AV Preeminent Lawyer (the highest level of professional excellence).
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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