What Makes a DUI a Felony in Tucson? Understanding Aggravated DUI Charges
When people think of driving under the influence (DUI), they often imagine it as a misdemeanor offense. However, under certain circumstances in Tucson, Arizona, a DUI can escalate to a felony charge, known as Aggravated DUI. At Tamou Law Group, we know that a felony DUI carries severe consequences that can permanently alter your life. If you or someone you know is facing a felony DUI charge in Tucson, it is crucial to hire Tucson DUI Lawyers who understand what makes a DUI a felony and how you can protect your rights.
Understanding DUI Charges in Arizona
Arizona has some of the toughest DUI laws in the country, and Tucson, as part of Pima County, enforces these laws rigorously. Under Arizona Revised Statutes § 28-1381, it is illegal to drive with a blood alcohol concentration (BAC) of:
- 0.08% or higher for regular drivers.
- 0.04% or higher for commercial drivers.
- Any detectable level for drivers under the age of 21.
A standard DUI, even if it is the first offense, can result in fines, mandatory jail time, license suspension, and the installation of an ignition interlock device (IID). However, there are specific situations in which a DUI can escalate to a felony charge, also known as an Aggravated DUI.
When Does a DUI Become a Felony in Tucson?
In Tucson, a DUI becomes a felony, or an Aggravated DUI, under the following conditions:
- Driving with a Suspended, Revoked, or Canceled License
- If you are caught driving under the influence while your license is suspended, revoked, or canceled, you can be charged with an Aggravated DUI. Arizona takes driving without a valid license very seriously, especially when combined with impaired driving.
- Third DUI Offense Within 7 Years
- Arizona law states that if you receive your third DUI within a seven-year period (84 months), it will be charged as a felony. This applies regardless of whether your previous DUIs were in Tucson or another part of the state. Repeat offenders are viewed as a significant risk, prompting harsher penalties for those who repeatedly violate DUI laws.
- DUI with a Child Passenger Under 15 Years Old
- Driving under the influence with a child passenger under 15 years of age in the vehicle is automatically considered an Aggravated DUI. This is because the state views this behavior as particularly reckless, endangering the lives of minors.
- DUI While Ignition Interlock Device is Installed
- Arizona requires many DUI offenders to install an ignition interlock device (IID) on their vehicles. If you are caught driving under the influence while an IID is installed in your vehicle, you can face felony charges. The state considers this a direct violation of the restrictions placed on your driving privileges.
- Causing Serious Injury or Death (Vehicular Assault or Manslaughter)
- If you cause an accident while driving under the influence that results in serious physical injury or death, you may face felony charges such as vehicular assault or vehicular manslaughter. These charges are among the most severe and can result in lengthy prison sentences.
Understanding these conditions can help you recognize the seriousness of DUI charges and why avoiding felony DUI status is crucial.
Penalties for a Felony DUI in Tucson
Felony DUI, or Aggravated DUI, in Tucson carries much harsher penalties than a standard misdemeanor DUI. The penalties for an Aggravated DUI may include:
- Prison Sentence: Felony DUIs often carry a mandatory minimum prison sentence. For example, an Aggravated DUI due to a third offense within seven years typically results in at least four months in prison.
- Extended Probation: In addition to incarceration, individuals convicted of a felony DUI may face extended probation periods with strict compliance requirements.
- Substantial Fines: Felony DUI fines are significantly higher than those for misdemeanor DUIs, often totaling thousands of dollars.
- Mandatory Alcohol or Drug Treatment Programs: The court may require you to complete long-term alcohol or drug rehabilitation programs as a condition of your sentence.
- Loss of Driving Privileges: A felony DUI conviction can lead to a long-term suspension or even a complete revocation of your driver’s license.
- Ignition Interlock Device (IID): You will likely be required to install an IID for a prolonged period after you regain your driving privileges.
- Permanent Criminal Record: A felony DUI conviction remains on your criminal record permanently, affecting employment opportunities, housing options, and other aspects of life.
The severity of these penalties highlights the importance of defending yourself effectively if you are facing a felony DUI charge in Tucson.
Defending Against Felony DUI Charges in Tucson
Facing felony DUI charges can be overwhelming, but with the right legal strategy, it is possible to challenge and reduce these charges. At Tamou Law Group, our Tucson DUI lawyers focus on the following defense strategies:
- Challenging the Legality of the Traffic Stop
- Every DUI case starts with a traffic stop. If the stop was conducted without reasonable suspicion, any evidence gathered afterward could be suppressed. Our attorneys review dashcam footage, police reports, and witness statements to determine if the stop was legally justified.
- Disputing the Accuracy of BAC Tests
- Breathalyzer tests and blood tests must be administered correctly. Faulty equipment, improper calibration, or mishandling of samples can lead to inaccurate BAC results. We work with forensic experts to evaluate the validity of the evidence against you.
- Questioning Field Sobriety Tests
- Field sobriety tests are often used as evidence of impairment, but they are subjective and can be influenced by factors unrelated to alcohol consumption, such as medical conditions, fatigue, or uneven road surfaces. Our team can challenge the reliability of these tests in court.
- Demonstrating Lack of Knowledge of License Status
- In cases where a felony DUI is based on driving with a suspended license, we may be able to argue that you were unaware of your license status, especially if the suspension notice was not properly delivered.
- Negotiating for Reduced Charges
- In some cases, our Tucson DUI lawyers may negotiate with prosecutors to reduce felony DUI charges to lesser offenses, such as reckless driving. This can result in lower penalties and a reduced impact on your criminal record.
How Can Tamou Law Group Help with Your Felony DUI Case?
Tamou Law Group has extensive experience defending clients facing DUI charges, including those charged with felony DUI offenses in Tucson. Our approach includes:
- Comprehensive Case Evaluation: We thoroughly investigate your case, reviewing all evidence and exploring every possible defense strategy.
- Personalized Defense Plans: Every case is unique, and we develop tailored defense plans based on the specifics of your situation.
- Aggressive Representation: Whether negotiating a plea deal or representing you in court, we fight tirelessly to protect your rights and achieve the best possible outcome.
- Local Court Expertise: With years of experience in Tucson’s local courts, our attorneys know the judges and prosecutors, allowing us to build relationships that can work to your advantage.
If you are facing a felony DUI charge, it is essential to act quickly and seek professional legal guidance. The consequences are severe, but with an experienced Tucson DUI lawyer by your side, you can build a defense that protects your future.
Contact Tamou Law Group for Felony DUI Defense in Tucson
Felony DUI charges require immediate attention and expert legal defense. If you or a loved one is facing felony DUI charges in Tucson, contact Tamou Law Group at 623-321-4699 for a free consultation. Our Tucson DUI lawyers will review your case and provide the legal support you need to fight for the best possible outcome.
Additional Resources
- Arizona Department of Transportation (ADOT) – DUI Information
- Arizona Governor’s Office of Highway Safety (GOHS) – Impaired Driving Information
- National Institute on Alcohol Abuse and Alcoholism (NIAAA) – Drunk Driving Prevention
