What is an Aggravated DUI in Tucson?
Driving Under the Influence, or DUI, is a serious offense in Tucson, Arizona. Therefore the potential consequences of a DUI conviction include: jail time, fines, license suspension or restriction, mandatory interlock device use, high-risk insurance coverage, alcohol counseling, driving classes, community service, and more. Plus, the potential penalties increase for higher BAC levels at time of arrest and for multiple DUI arrests during certain time frames.If this is the case, your DUI charge will be increased to extreme or super extreme. Additionally, under certain circumstances, the driver may be arrested for an even higher charge- aggravated DUI.
Aggravated Tucson DUI Basics
There are three ways you can be charged with aggravated DUI in Pima County. The first is at the time of your DUI arrest, you have a child under the age of 15 in the car with you. The second is if this is your third DUI arrest within a seven-year period. The last way prosecution may upgrade your DUI charge to aggravated is if you don’t have full driver’s license privileges when you are arrested. This could be a suspended license, a restricted license, or you are required to use an interlock device. An Aggravated DUI charge is a felony, while basic DUI charges are only misdemeanors. The difference between a felony and a misdemeanor in Arizona is that a misdemeanor is punishable by jail time of 6 months or less, while a felony is punishable by jail time of more than 6 months.
Penalties for an Aggravated DUI in Tucson, Arizona
One of the unique things about DUI laws in Arizona is that even for a first offense, all drivers convicted of a DUI must serve some jail time. However, a first time offender with a basic DUI charge may only end up spending one day in jail. The penalties are much harsher for an aggravated DUI in Arizona. Aggravated DUI is punishable by a mandatory minimum of four months in prison. The maximum prison sentence for a first aggravated DUI is 3 years, 9 months.
If you are convicted of a second aggravated DUI, your minimum prison sentence will be 2 years, 3 months. The maximum prison sentence for a second aggravated DUI is 7 years, 6 months. For a third (and subsequent) aggravated DUI arrest, the minimum prison sentence will be 6 years. The maximum prison sentence for a third aggravated DUI is 15 years. If you receive additional charges as part of your arrest, like hit and run or vehicular manslaughter, you will receive additional time in prison.