Tempe Aggravated DUI Attorney

Be prepared for serious consequences if you are charged or arrested with Aggravated DUI in Tempe Arizona. With very severe penalties, it is imperative that those charged with a DUI in Tempe Arizona speak to a knowledgeable DUI attorney as quickly as possible. Far too many individuals believe they can handle their DUI charges on their own. They soon find out there is significantly more to the process than they realized. First, a DUI is two-pronged: you have the criminal case as well as the case before the Motor Vehicle Department that determines whether you can continue to drive.

The Ciccarelli Law Offices have spent many years helping those who find themselves charged with a DUI. Our Tempe DUI law team has a deep understanding of exactly how a DUI conviction can alter your life, both in the present and in the future. We will do everything in our power to ensure the best outcome possible, with the fewest consequences. Contact Lee Ciccarelli, , and our team for help now.

Why Should You Choose the Ciccarelli Law Offices for Your Charges of Aggravated DUI?

• At the Ciccarelli Law Offices, we bring a hundred years of combined national legal experience to the table. This level of experience can really make a difference in your case, regardless of the facts surrounding your DUI case.
• We are dedicated to fighting for the rights of those who are facing an uncertain future, perhaps even a loss of their freedom.
• Our Tempe DUI defense attorneys will look at every angle to determine the best defense(s) to use on your behalf, with a goal of either having your charges downgraded, or possibly even dismissed.
• The legal team at Ciccarelli Law Offices understands that good people sometimes make mistakes. We want to help you through this mistake in the best way possible.
• We have successfully represented thousands of clients throughout the country facing DUI charges.
• Attorney Lee Ciccarelli is recognized by Super Lawyers. He is also a member of the National College of DUI Defense and has received the Ten Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys.
• With hundreds of Five Star Reviews from former clients, we believe we can make a difference in your life and your future.

What is a Tempe, AZ Aggravated DUI?

If you are being charged with your third DUI within the past seven years, you are charged with DUI while driving with a suspended license, you refuse to submit to a BAC while under an ignition interlock device requirement, or you had a child under the age of 15 in the vehicle with you when you were stopped, you may be charged with an Aggravated DUI or Aggravated DWI. If you were driving under the influence with a suspended license, or this is your third DUI/DWI within 7 years, you will be charged with Aggravated DUI.

If you are driving with a BAC that is greater than 0.08 percent within two hours of driving while license suspended, or this is your third DWI within seven years, you could be charged with Aggravated DWI. These Arizona laws can be found at A.R.S. §1383 and A.R.S. §1381 (A) (1) and (2). Because these are felony charges rather than misdemeanor charges (like most DUI charges in AZ), it is extremely important that you contact an experienced Tempe, AZ DUI attorney as quickly as possible.

The difference between a DUI and a DWI lies largely in the fact that the DUI charge, on its own, does not require a breath test reading and deals with suspicion of driving while under the influence based on manner of driving, physical and mental impairment symptoms, or verbal admissions. In other words, you could conceivably be arrested and charged even if your BAC test results are less than 0.08 if the arresting officer can reasonably claim your behavior and actions put yourself or others in danger. The DWI charge requires a BAC of .08 percent or larger “at the time of driving.” In general, it’s easier to have DUI charges dropped when your BAC is lower than 0.08 percent, but at the end of the day, the differences between an Arizona DUI and an Arizona DWI are fewer than the similarities, and both can be challenged in court.

Penalties for an Aggravated DUI Conviction in Tempe, Arizona

The mandatory minimum penalty for an aggravated DUI/DWI conviction in the state of Arizona is four (4) months in prison, mandatory alcohol screening and classes, a revoked driver’s license for at least three years, and supervised probation, requiring monthly visits, monthly probation fees, and urinalysis whenever the probation offers chooses. Once you get your driver’s license back, you will be required to have an ignition interlock device installed in your vehicle, costing you a minimum of $1,500.

The maximum prison time can be up to 3.75 years. If you are convicted of a second felony Aggravated DUI/DWI during any time in your life you will face a mandatory minimum of 2.25 years in prison, up to a maximum of 7.5 years in prison. A third felony Aggravated DUI/DWI during your lifetime can result in a mandatory minimum of six years in prison, up to a maximum of 15 years. The exception to these penalties is when you have a child under the age of 15 as a passenger, which is a Class 6 felony, rather than the standard Class 4 Aggravated DUI/DWI felony. The sentence for a first offense Class 6 felony is probation up to 1-90 days minimum in jail.

There are also other consequences of being convicted of a felony offense. You could be unable to own a firearm, will have to deal with significantly increased car insurance rates, may be unable to obtain employment, and unable to obtain government financial aid for higher education.

What are Some of the Defenses Used in Charges of Aggravated DUI?

Your exact defenses will depend on the circumstances surrounding your charges, but the most common defenses include:

• You were not in actual physical control of the vehicle. As an example, perhaps you pulled off the road and are sleeping in the back seat. If this is the case, then you were not in actual physical control of the vehicle.
• The officer did not have sufficient cause to pull you over.
• If you were arrested based on field sobriety tests, then there are many issues associated with these tests that could result in your charges being dropped. According to the NHTSA, field sobriety tests should not be given to individuals who are significantly overweight, are wearing heels higher than 2”, those with injuries to the back, the legs, knees, ankles, or hips, those who are older than 65, and those that suffer from any illness or disability that adversely affects their balance.
• You asked for an attorney and were denied a phone call to contact your attorney. By law, the police officer must provide a phone as quickly as is reasonably possible once you ask for an attorney. If your request to contact your attorney was ignored, your case could potentially be dismissed.
• If you submitted to a breath test, there are a number of issues associated with the breathalyzer machines. They must be properly calibrated and maintained, the officer must be trained in the use of the breathalyzer, and the test must have followed strict rules.

How the Ciccarelli Law Offices Can Help You with Your Aggravated DUI Charges in Tempe

At Ciccarelli Law Offices, our Tempe DUI Defense lawyers are passionate about representing individuals accused of DUI across the state. We know that this is a terrifying time and we work tirelessly to protect your rights and freedom at every turn. You deserve a Tempe DUI defense lawyer that is there for you when you need them most. Call Attorneys Lee Ciccarelli and his team to help you through the DUI process after you are arrested for aggravated DUI in Tempe or throughout the state of Arizona.