Scottsdale Aggravated DUI Lawyer

Aggravated DUI Attorney in Scottsdale, AZ

Sometimes we underestimate how much we’ve had to drink and overestimate our ability to drive while impaired. A standard misdemeanor DUI charge is something many people will face. However, in the case of an aggravated DUI, the seriousness of the offense can result in severe penalties and jail time. If you’ve been arrested while under the influence, you will need representation by a qualified Scottsdale aggravated DUI lawyer to avoid severe, lasting consequences.

Everyone makes mistakes, but when an impaired driving charge is elevated to an aggravated DUI, the consequences can be serious, and a felony can remain on your record for life. At Davidson Criminal Defense & DUI Law Firm, we have decades of experience serving the residents of Maricopa County. We advocate for our clients at the Maricopa Superior Court in downtown Phoenix, where most felony DUI cases are heard.

What Is an Aggravated DUI?

Unlike a misdemeanor DUI, an aggravated DUI is a felony-level charge under Arizona statute 28-1383. Several factors can result in an aggravated DUI charge in Arizona, including:

• Having a suspended, revoked, or restricted driver’s license
• Having a minor child in the vehicle 
• A very high blood alcohol content level
• Committing a hit-and-run or having a serious accident when impaired
• Being under 21
• Refusing to comply with a chemical test
• Operating a commercial vehicle while impaired
• Severe property damage, like crashing into a building or other structure
• Multiple DUI convictions on your record

Arizona has some of the strictest aggravated DUI laws in the United States. If you’re convicted, you could face penalties, such as extended prison time, especially if your actions endangered a minor child or resulted in an accident. 

Other penalties can include revocation of your driver’s license, loss of your CDL if applicable, probation, substantial fines, and mandatory participation in alcohol treatment programs and community service. Arizona ranks in the top five states for the highest DUI fines in the United States.

Defense Strategies for Aggravated DUIs 

When you hire an aggravated DUI lawyer, they will assess the details of your case, gathering evidence and information about the circumstances of your arrest to build an effective defensive strategy. Prosecutors in aggravated DUI cases are aggressive and will seek to discredit your testimony. However, a knowledgeable lawyer will anticipate the prosecution’s tactics and use an equivalent strategy to help protect your rights.

Some common defense strategies include:

• Inaccurate chemical test procedure. When the arresting officer administers a breathalyzer test, they must follow the correct procedure. If there is evidence of contamination or mishandling, the defense attorney can capitalize on these errors. 
• Lack of probable cause. One of the most common ways defense attorneys contradict the validity of an arrest is through a lack of probable cause. The police must have a concrete reason for pulling someone over, such as disobeying traffic laws or another violation. 
• Procedural errors. This can include improper evidence collection or a violation of Miranda rights.

It’s crucial to be honest with your legal team about all aspects of your arrest, because even minor details might contribute to the effectiveness of your case. Law enforcement officers make procedural errors all the time, and when the stakes are high in an aggravated DUI case, it’s important to present all the details to the court. 

A good defense lawyer will always present evidence that contradicts the prosecution, negotiate for reduced sentencing and other penalties, and, in some scenarios, have the case dismissed entirely. Plea bargains are another option to help reduce jail time and probation, especially if no one was injured as a result of the DUI. 

While felony aggravated DUI charges can often lead to severe penalties, the presence of mitigating factors and inconsistencies in procedure can make all the difference in your DUI case. It’s in your interests to contact our legal team as soon as you are able so we can begin working on an effective defense strategy.

FAQs

What Happens if You Get an Aggravated DUI in Arizona?

If you receive an aggravated DUI sentence, you may face several penalties, including jail time, license revocation, community service, mandatory participation in alcohol treatment programs, a seized or impounded vehicle, and substantial fines. It’s crucial to speak to an experienced DUI lawyer when you’ve been arrested for driving under the influence to help reduce the chances of a full conviction.

What Are the DUI Laws in Scottsdale, Arizona?

DUI laws in Arizona are strict. Even for first-time offenders, stiff fines, jail time, and license suspension are all possibilities. The penalties increase substantially for aggravated DUIs. In 2024, there were 447 DUI arrests in Maricopa County alone, many of which resulted in severe penalties for those convicted. 

What’s the Difference Between Aggravated DUI and DWI?

An aggravated DUI is defined as driving under severe impairment with other contributing factors that make the offense more dangerous. Either alcohol or drug use can be an element in a DUI. A DWI usually refers to a misdemeanor offense in which the driver is above the legal limit for blood alcohol content, but carries less severe penalties than an aggravated DUI. 

What Makes a DUI a Felony in AZ?

A DUI is upgraded to a felony when contributing factors create a more dangerous offense, such as when the DUI results in an injury accident or a minor child is a passenger in the vehicle driven by the offender. High blood alcohol readings can also cause a misdemeanor DUI to become an aggravated DUI.

Hire a Scottsdale Aggravated DUI Lawyer 

No one wants to think about the consequences of a felony charge, but in Arizona, the laws governing aggravated DUIs are strict. Without legal representation, you may face severe penalties that impact your life for years to come. At Davidson Criminal Defense & DUI Law Firm, we have been advocating for residents of Scottsdale and the Phoenix Metro since 2005. Contact us today to schedule your free consultation with a Scottsdale aggravated DUI lawyer. We can immediately begin building a strong defense that protects your legal rights.