Aggravated DUI
What is Aggravated DUI? It is a charge of driving while under the influence plus an additional factor such as:
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 approach 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.
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.
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.
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 Phoenix criminal defense attorney
Joshua S. Davidson, for counsel regarding your Arizona Aggravated DUI.
