Aggravated DUI

---

Under most circumstances, a DUI charge is categorized as a misdemeanor. But under certain conditions, the County Attorney's Office may charge a felony Aggravated DUI (A.R.S. § 28-1383). Those conditions include:

• DUI with a passenger under 15 years old
• A third DUI within seven years
• DUI while driving on a suspended/revoked/cancelled license
• DUI while driving the wrong way on a one way street or highway
• DUI-involved accident causing bodily injury or property damage

Just like misdemeanor DUIs, Arizona has extremely harsh criminal penalties for Aggravated DUI convictions. An Aggravated DUI conviction carries a mandatory prison sentence. If you are charged with an Aggravated DUI, or you think a charge may be coming, call today -- time is of the essence.  

Call Guardian Law Group now -- (602) 935-5039  

If you're facing Aggravated DUI charges, the prosecutor and police have a big head start. The evidence has been collected, analyzed, reviewed, and prepared for prosecution against you. 

However, their evidence is often flawed. Police can and do make mistakes. Don't buy into tough talk from the prosecution. Very few cases are a lost cause and Guardian Law puts every case to the test:

• Reasonable Suspicion to Stop.  Believe it or not, police officers can't pull you over on a hunch, a whim, or because they don't like you and your car/motorcycle. They need very specific reasons to perform a traffic stop, and they need to document those reasons very carefully. Failing to do so can get your case dismissed.

• Probable Cause for Arrest. Regardless of their reason for contacting you in the first place, an officer needs probable cause to arrest you. Again, proof of that probable cause can be the key to your case. Police often rely on field sobriety testing to make an arrest decision. Did the officer perform those tests as they were designed and validated? Did the officer fail to document his findings? Guardian will aggressively challenge the presence of probable cause. No probable cause for arrest = arrest will be invalidated. 

• Actual Physical Control. In Arizona, you need to be either driving or in "actual physical control" of the vehicle to be convicted of a DUI. There are many factors in determining actual physical control: did the officer find you parked on the side of the road, were you asleep, reclined in the driver's seat, parked with no intention of driving? This defense requires a skilled and experienced attorney, but it's one of the best defenses to a DUI.

• Right to Counsel Violation. You are constitutionally guaranteed your right to consult with an attorney at certain critical stages of a criminal investigation. Did the officer give you a chance to call an attorney as soon as reasonably possible? Were you given privacy and ample time to make that call? Were you provided your own cell phone? 

• Breath Testing. All DUI breath testing in Arizona is performed with the Intoxilyzer 8000. This instrument is far from foolproof, requires constant calibration at regular intervals, and must be operated by trained personnel. Mistakes at any point during the maintenance or operation can get your breath result thrown out. 

• Blood Testing. Crime labs in Arizona use Headspace Gas Chromatography to analyze blood samples and determine the Blood Alcohol Concentration ("BAC"). Guardian Law Group consults with forensic experts to break down the collection and testing procedures and explain the effects of alcohol consumption on a driver.

• Duplicate/Independent Testing Violation. Law enforcement breath/blood testing can be inherently flawed. This is why Arizona law ensures every DUI suspect is given the right to ask for and arrange for their own independent blood draw and test. 

• Miranda Violations, Coercion, Threats, Intimidation, Voluntariness, etc.  Police are required to follow certain rules during an investigation - to protect the rights of suspects. But many times they become focused on proving a conclusion or "getting their suspect." Were you promised anything in return for your cooperation in the investigation - however small? Were you threatened with adverse treatment or consequences for failing to cooperate? Did you provide statements without a Miranda warning? Any violation of your rights during an investigation can lead to a dismissal. 

This is only a short list of the common legal defenses to a Aggravated DUI. An experienced, aggressive attorney from Guardian Law Group will evaluate every aspect of your case and discover every available defense - including the UNCOMMON defenses that can often lead to a great case outcome. 

Don't wait, call Guardian Law Group now -- (602) 935-5039