In Phoenix, driving under the influence (DUI) of drugs or alcohol is a serious criminal charge. The penalties involved are serious and can alter the course of your future. Individuals who have past DUI convictions may be charged with a felony, especially when other aggravating circumstances are at play. Whether you were driving home along 7th Street or you were leaving a friend’s home in Weedville, a Phoenix aggravated DUI lawyer is here to help.
Since the firm’s inception in 2005, attorney Joshua S. Davidson has been fighting for clients who face a wide range of criminal charges, including those of aggravated DUI. Before 2005, Mr. Davidson worked as a local prosecutor. This experience allows him to know how both sides of a courtroom operate, and he can use this knowledge to your advantage. Whether you are hoping to have charges reduced or dismissed altogether, our team is ready to fight for you.
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Call (602) 493-3600What is Aggravated DUI? It is a charge of driving while under the influence plus an additional factor such as:
In Arizona, Aggravated DUI is considered to be a felony. If convicted, you face the following penalties:
In some cases, a judge will let a first time offender “off the hook” and administer minimum penalties for this person. Unfortunately, the same does not apply to second-time offenders (and third and fourth-time offenders). Any person charged with DUI in Phoenix who has a prior DUI conviction will face a harsh prosecution and possibly enhanced penalties. If your drunk driving charge occurred within several years of the last one, you will find that the prosecution will do everything in their power to seek the highest penalties for your case.
When a person faces a subsequent DUI conviction, they also face other types of non-criminal penalties. Due to the large amount of fines associated with this type of offense, the person may face financial hardship or ruin, and be forced to sell their home, car or even file bankruptcy.
To add on, the person may also lose their job. Some employers are lenient on a first DUI offense; they understand that people make mistakes. However, with a second, third, or fourth DUI conviction, they believe that their employee is now a liability and should not be employed any longer.
As a Phoenix DUI Defense Attorney and previous DUI prosecutor, Joshua S. Davidson has vast amounts of experience when it comes to dealing with DUI charges in Maricopa County. One of the best approaches to your aggravated DUI case is to attempt to have the aggravating factor dropped, reducing your charge to a simple misdemeanor DUI.
One of the ways this can be accomplished is by challenging the documentation used by the prosecutor to prove the existence of the prior DUI convictions.
Aggravated DUI charges that occur as the result of having an underage passenger in your car are considered to be a class 6 felony. The consequences of an Aggravated DUI like this are extremely severe.
If convicted of Aggravated DUI in Phoenix, you face the following penalties:
As an experienced drunk driving defense attorney, Joshua Davidson has been involved in numerous DUI cases and emphasizes his DUI practice in order to better serve clients charged with DUI throughout Phoenix, Scottsdale, Glendale, Mesa and Tempe.
Because of the complexity of DUI and Aggravated DUI charges, it is strongly recommend that you contact our Phoenix DUI lawyer for representation. By doing so, you take an important step in making sure your rights are protected.
Under Arizona law, endangerment is committed when a person recklessly endangers another by posing a substantial risk of inflicting death or physical injury upon them. If the endangerment charge involves the risk of death, it is considered to be a class 6 felony. All other cases of endangerment are considered to be class 1 misdemeanors.A felony charge on your record can result in diminished ability to get certain types of employment and housing and can cause many other different hardships in your life.
Not only could you spend up to 2 years in jail for a class 6 felony charge, you could also face fines and a civil case against you by the individual who was injured in the accident. With the help of an attorney, you can help mitigate the effects that this type of charge can have on you and your family.
Because cars can be considered dangerous instruments under Phoenix law, and cars are directly involved in DUI cases where Endangerment charges are added, Endangerment could be charged as a dangerous offense and a conviction could mean a mandatory prison term. If a prosecutor can prove that the defendant committed any dangerous offense then a mandatory prison term will result. As a seasoned Phoenix criminal defense attorney, Joshua S. Davidson knows how to defend those accused of Endangerment as a result of a DUI accident and puts his experience to work for every client.
As a Phoenix DUI Defense Attorney, Joshua S. Davidson attempts to overcome Aggravated DUI charges based purely on the facts and laws of Arizona. If we can’t overcome the charges, we will strive to have the Aggravating factor removed, reducing the charges to a simple DUI, thereby significantly reducing the potential penalties you will face. This could mean the difference between serving one day in jail and four months in prison for driving under the influence.
Your attorney will investigate every aspect of your case and you will be able to understand the charges that you face and the possible different outcomes of your case. With a former DUI prosecutor on your side as your Aggravated DUI defense lawyer, you face a much greater chance of retaining your freedom and your driving privileges. The penalties for a simple DUI in Phoenix are much less severe and are not as long-term as those for Aggravated DUI.
Being arrested and convicted of an aggravated DUI charge in Phoenix does not just come with legal penalties like prison time or fines; a conviction can also cause certain damage to your personal and professional life.
If your license is revoked, you may find that you cannot keep your current mode of employment, especially if you are required to drive for work. Individuals with criminal convictions on their record face an unemployment rate of around 30%. You may also find it difficult to secure housing, and landlords may be less inclined to approve an applicant with a criminal record.
Additionally, banks and other lenders will likely be cautious when approving convicted individuals for things like car or mortgage loans, personal loans, or student loans. If you are convicted of a felony — as is the case in several instances of aggravated DUIs — you may lose certain civil rights, such as your right to vote, hold public office, or own, possess, or otherwise use a firearm.
For students in the Phoenix area, whether you are underage or of the legal drinking age, an aggravated DUI conviction can harm your ability to seek or maintain scholarships, could see you kicked off a sports team, or could see you suspended or expelled from school entirely. If your conviction does see you facing jail time, you could deal with certain mental health issues, as well; around 22% of inmates suffer from depression nationwide.
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(602) 493-3600If you have been arrested for an aggravated DUI in Phoenix, the right thing for you to do is to stay calm, avoid evading arrest, and ask to speak to a lawyer once you have reached the police station. Do not answer any questions that might incriminate you until your attorney has arrived and is able to offer you guidance.
The most important thing to remember after a DUI arrest is that you are still entitled to your civil rights. Do not let a police officer make you think any differently. At Davidson Criminal Defense & DUI Law Firm, we can make it our top priority to ensure those rights are protected.
The consequences of getting charged with a DUI in the state of Arizona are serious, but when you face an Aggravated DUI charge, the consequences can be extremely severe. Plea bargains aren’t typical in Aggravated DUI cases, so it is highly likely that your case will go to trial. As a skilled and thorough trial attorney, Joshua S. Davidson will do everything in his power to urge the jury to acquit the charges. At the Davidson Criminal Defense & DUI Law Firm, we will explore every option to get you the best possible results in court.
Contact our offices to schedule your initial consultation with our team and learn more about why you should hire an aggravated DUI lawyer today.
Arrested? Contact us today at (602) 493-3600.
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