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What is Aggravated DUI?

If you’re like most Arizona drivers, you’re well-aware of the fact that it’s against the law to drive with a blood alcohol concentration (BAC) of .08 percent. What you may not know is that in reality, it’s illegal for anyone who is under the influence of alcohol or any drugsto 1) be in actual physical control of an automobile, or 2) to drive a vehicle.

If you are convicted of your first DUI offense and there were no “aggravating factors,” which make the penalties worse, you face: a minimum of 10 days in jail, a minimum fine of $1,250, alcohol education and treatment, community service, and you must have an Ignition Interlock Device (IID) installed in your vehicle. Those are the penalties for a standard DUI, so what is categorized as an aggravated DUI?

Aggravated DUI in Arizona

There’s a traditional DUI and then there’s an “aggravated DUI,” which is more serious. What makes a DUI aggravated? Any of the following factors elevate a standard DUI to an aggravated DUI in Arizona:

  • A person commits DUI while their driver license is canceled, suspended or revoked.
  • It’s the persons third DUI offense within 84 months.
  • There was a passenger under the age of 15 in the vehicle at the time of the DUI arrest.
  • The suspect commits DUI while they are ordered to have an IID installed in their vehicle.
  • The suspect refuses to submit to a chemical test while they’re ordered to have an IID in their vehicle.

If convicted of aggravated DUI, you face a minimum prison term of two years, community service, and a one-year license revocation. You will be required to install an IID and you must undergo an alcohol screening, education and treatment.

Are you facing DUI charges? If so, contact our firm to schedule a free DUI defense consultation with Attorney Davidson, a former prosecutor turned Phoenix DUI attorney.

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