The Consequences of Aggravated DUI in Arizona
There are a variety of DUI offenses in Arizona, including the charge of aggravated DUI. Arizona punishes driving under the influence more harshly than most states. After being pulled over on suspicion of drunk driving, you can be charged with regular, extreme, or super extreme DUI depending on how high your Blood Alcohol Concentration (BAC) is when it is tested. You may even face an aggravated DUI charge depending on your circumstances or who was riding in the vehicle along with you. While the names of the offenses may seem childish, there is nothing funny about the punishments given for DUI in Arizona.
How Can You Get an Aggravated DUI In Arizona?
Arizona criminalizes driving under the influence and driving with a BAC of greater than 0.08% in personal vehicles and over 0.04% when driving a commercial vehicle. Extreme DUI begins with a BAC above 0.15%, while Super Extreme DUI punishments kick in once your BAC exceeds 0.20%. No matter how high your BAC is when tested, there are different scenarios which can result in your being charged with an aggravated DUI. Essentially, Arizona has determined that your actions require more punishment because of an “aggravating” factor. Some of the aggravating circumstances are as follows:
Suspended License Aggravated DUI
If you are pulled over while driving with a suspended, cancelled, or revoked driver’s license, you can face harsher punishments. An arrest for driving under the influence while your license is suspended typically results in a charge of aggravated DUI. In Arizona, this charge is a class four felony.
Multiple DUI Aggravated DUI
Driving in Arizona after you have a DUI conviction can be risky. It is especially risky if you have more than one prior drunk driving conviction because then an aggravated DUI charge is possible. Anyone driving with two or more DUI offences within the prior 84 month period (seven years) can face an aggravated DUI charge that is a class four felony. This is true even if your DUIs occurred in states other than Arizona.
Aggravated DUI with Child Passenger
Being stopped for a DUI can lead to more severe penalties if you have a child in the car with you. While a DUI with a kid under the age of 15 in the car can be charged as a misdemeanor, it can also carry a class six or class four felony charge, depending how the facts of your case and what a prosecutor decides.
Aggravated DUI Due to Causing Injury or Damage
If you end up injuring another person or causing damage to someone else’s property while driving under the influence, you can face an aggravated DUI charge. Damaging another individual’s property would include causing a car accident involving more than just your vehicle.
What are the Punishments for First Time Aggravated DUI in Arizona?
A standard DUI is a misdemeanor offense in Arizona. However, the charge of aggravated DUI carries felony punishments. The severity of your punishment will vary based on the circumstances that resulted in your DUI being aggravated. Prosecutors can charge you with differing classes of felonies, ranging from class four to class six. Some examples of the state-mandated punishments you may face for an aggravated DUI include:
Jail Time
All aggravated DUIs result in a minimum of four months in jail, which cannot be waived. If your aggravated DUI is charged as a class four felony, your jail time can be longer, with almost four years in prison being a maximum. A less severe class six felony (such as an aggravated DUI with a child passenger) can lead to up to two years in prison.
Fines
Class six felonies carry a maximum fine of $2,500, while class four felony convictions can have even larger monetary fines. Though fines are available as punishment for all aggravated DUI charges, they typically top out at $1,800 due to the large amount of other costs you will be required to pay for classes, ignition interlock devices (IID), and additional insurance.
Education Classes
You will be required to pay to take your local remedial educational classes and substance abuse screening. The classes will require at least 16 hours of your time, though more remedial education may be ordered depending on your circumstances.
Driver’s License Suspension
After a first-time aggravated DUI in Arizona, you will have your driver’s license suspended for three years. Restricted permits may be granted on a case-by-case basis, but with heavily increased insurance premiums. It should be noted that getting a DUI while your driver’s license is suspended automatically equals an aggravated DUI charge. Second or further aggravated DUI offenses will lead to harsh punishment.
Ignition Interlock Device
Whether or not you receive a special driving permit accompanying your license suspension, whenever Arizona allows you to legally drive again, you will need to install an IID in your vehicle(s), at your own expense. An IID is a breathalyzer device attached to your car’s engine, which will not start unless you properly blow into the IID. If the IID detects any alcohol, your car will not operate. The court may order you to keep a properly calibrated IID in your vehicle for between one and two years. This will cost you $1,000 to $2,400, depending on the length of the order.
Probation
Because Arizona charges aggravated DUI as a felony, a conviction will result in felony probation. You will need to pay a monthly fee and be required to check in with a probation officer periodically to avoid returning to jail by violating your probation. Felony probation for an aggravated DUI can last for up to 10 years.
What Happens to Your Car Insurance After an Aggravated DUI?
Once your jail term has expired after an aggravated DUI, the court and the Motor Vehicle Division (MVD) will determine how long your license is suspended, what privileges you may have, and the length of time you will need to keep an IID in your car. As part of reinstating your driving privileges, you will need to have your insurance company file an SR-22 on your behalf. The SR-22 confirms that you have valid car insurance, and costs $500 per year. Usually, you’ll need to pay for this for three years after an aggravated DUI. Additionally, your car insurance premiums will generally rise by $3,000 per year following conviction.
Other Consequences for Aggravated DUI
An aggravated DUI conviction has further consequences beyond legal and insurance punishments. Because it is a felony, it will impact your rights to vote and own or possess a gun. If you are a professional, you may lose your licensure or accreditation. Doctors, lawyers, nurses, and real estate agents are just some of the jobs that can be imperiled by an aggravated DUI charge. There are also possible impacts on your immigration status or any legal child custody arrangements.
Are Penalties Harsher for a Second Aggravated DUI?
Once you have been convicted of an aggravated DUI, the punishment for a subsequent aggravated DUI is steep. A second aggravated DUI can lead to up to seven years in prison, while a conviction for a third aggravated DUI carries a sentence of up to fifteen years. The extended jail time is in addition to the other penalties of an aggravated DUI, such as suspension of your driver’s license, fines, and mandatory remedial classes.
