Aggravated DUI Defense
Aggravated DUI charges in Arizona are serious crimes, as they are considered felonies. There are several types of situations where an individual can be charged with aggravated DUI:
- DUI while license is suspended / revoked / cancelled / restricted / refused (Class 4 Felony)
- DUI as a Third offense within 84 months (Class 4 Felony)
- DUI with a Child Under the Age of 15 in the Vehicle (Class 6 Felony)
- DUI while required to be driving a vehicle with a Certified Ignition Interlock Device (Class 4 Felony)
It is important to note that in each of these situations, the State must prove that there was in fact an underlying DUI that occurred, whether it be to an impaired to the slightest degree DUI or a greater misdemeanor charge.
Many Aggravated DUI charges carry harsh penalties, including mandatory prison time, revocation of license, permanent felony record and substance abuse screening and counseling.
Common Aggravated DUI Issues
The state must both allege and be able to prove prior offenses. Some out of state convictions, for example, do not qualify as prior convictions under Arizona law. If the facts of an out of state conviction would not have amounted to a conviction under Arizona law, or the state does not have the evidence to prove that you were the individual convicted, that prior allegation may not be valid in your present case. Additionally, any prior convictions in Arizona must also be sufficiently tied to you in order to be used against you. If there are incomplete records or case files, our office may argue that the prior should not be allegable.
Police Reports & Evidence
We obtain complete police reports and officer’s notes, includes photographs, DVDs and video files, physical evidence, accident reports, event data recorder, restitution claims, victim history reports, recorded statements, GPS data, dashcam footage, audio recordings and more. A thorough review of this material is necessary to determine what the state has in their file, and what they can prove at trial.
Our office reviews a wide variety of material relating to blood test data, including the alleged results, the chain of custody documentation, the chromatograms, the maintenance logs, repair logs, bench notes and the documentation on file for all calibrators, standards, controls and blanks.
If you case was a breath test case rather than a blood test, the machine that tested your sample was likely an Intoxilyzer. We review the test results, whether there was a sufficient deprivation period, the machine’s quality assurance documentation and any repair orders.