image of person getting ars 28-1383 ticket

Charged with ARS 28-1383, Felony Aggravated DUI? Here’s What That Means!

You’ve just been charged in Arizona with ARS 28-1383, felony aggravated DUI. What does this mean, and what kind of punishment are you looking at? It means you are being charged with a DUI (drugs or alcohol) that goes beyond the misdemeanor stage to a class 4 or class 6 felony because there are additional violations involved.

The additional violations include one or more of the following:

  1. Third DUI within the past seven years, or currently required to have an ignition interlock device
  2. Lack of a valid driver’s license or driving without a required ID
  3. A minor in the car under age 15 during the incident
  4. Driving the wrong way on the highway

You can be charged with multiple counts of aggravated DUI arising out of the same arrest. For example, if you committed a third DUI while driving on a suspended license, you will probably be charged with multiple counts of aggravated DUI.

Arizona Has Some of the Toughest Penalties in the Country for Aggravated DUIs

Arizona has very tough penalties for DUIs. A felony aggravated DUI conviction requires a minimum of four months in prison, and can result in a maximum of 3.75 years in prison. Probation may be tacked on for up to 10 years, which comes with monthly fees of usually $65. Additionally, you will lose your driver’s license for three years, with eight points added to your MVD record, or worst case scenario, it will be revoked.

You will be required to take substance abuse screening and 36 classes including random urinalysis samples for a total of $645. You will be required to have an ignition interlock device installed on your car, which costs anywhere from $1,000 annually to $2,400 for two years. Before you start your car, you will need to breathe into it. While driving, you will breathe into it once every 15 minutes. Every 90 days, you must bring the device to a facility to be checked out, which can cost $2,000 a year for probably two years.

An insurance provision, known as an SR-22, will increase your insurance by $500 each year, probably for three years. It requires that your insurance company notify the DMV if your insurance lapses. Your car insurance premium will increase by $3,000 per year, probably for three years. You may be required to perform community restitution. You are required to pay for the cost of your imprisonment, although depending on your financial circumstances it may be reduced or waived. And finally, you will lose your right to vote and own a firearm.

The fallout ramifications of this conviction are also severe. If you are a doctor, nurse, lawyer, pilot, real estate agency or stock trader, you will lose your professional license. Being in prison for four months will have adverse effects on your job and your family.

Here’s How We Can Help

Because of the severity of a felony aggravated DUI conviction, it is crucial that you consult with an experienced DUI attorney. It may be possible to get the charge reduced to a misdemeanor DUI, which means only one day in jail, or even completely dismissed. Many of the severe consequences will be eliminated or reduced with only a misdemeanor conviction.

We can look at your case, discover whether there are flaws and make sure your rights aren’t violated. Sometimes cases are dismissed because evidence wasn’t properly handled, witnesses are unavailable or the police didn’t respect constitutional rights. The field sobriety tests may be illegitimate, such as if you have a physical issue that makes it difficult for you to balance properly. There are many aspects to look at and we know where to find problems.

If you or someone you love is looking for experienced and compassionate legal help in this stressful area, please reach out to us. You need someone who knows the complex legal system to guide you through it. We can give you peace of mind knowing we are working to get you the best outcome. We can walk you through all angles of your case, come up with a strategy, and remind you and be there for you when you need it at court appearances. With the outbreak of COVID-19, we are always available 24/7 to meet with you by phone, by video, by email, or in person as needed, and we provide free consultations.

Charged With ARS 28-1381? Here’s What That Means!

The state of Arizona takes driving under the influence of alcohol or drugs very seriously. It is possible to be under the legal blood alcohol limit and to still be charged with driving while intoxicated if a police officer has reason to believe that you were impaired just slightly enough to affect your judgment. The reason for this draconian enforcement of DUI laws in the state comes down to A.R.S 28-1381.

What is A.R.S 28-1381

The passage of A.R.S 28-1381 made it possible for law enforcement officers to make a determination on-site whether a person is legally impaired. It is a known fact that any amount of alcohol or the presence of certain medications and street drugs in a person’s blood can influence their ability to operate a vehicle. If you are pulled over while under the influence to any degree, it is possible to be charged with what is called misdemeanor DUI/DWI.

The penalties that can come with this charge are far worse than those imposed anywhere else in the United States for the same offense. For this reason, it is important to understand the charges when preparing a legal defense. Being able to prove that you were under the legal BAC limit is not enough to exonerate yourself from a charge of being slightly impaired.

Being Medicated Counts as Impairment

Driving while under the influence of alcohol is not the only way that you can be charged with a misdemeanor DUI/DWI. If you are on any form of medication that can make you drowsy or interfere with your judgment, you may be considered to be impaired. Pain medication, local anesthesia from medical procedures, and recreational drugs can all affect your ability to drive a vehicle and land you in legal trouble.

Many people learn the hard way that they should take greater caution when they have been prescribed medication for pain or need to have minor medical procedures performed. In most cases, it is wiser to arrange to have someone else drive you if you are going to be under the influence of any medication or substance with mind-altering effects. Since it is up to the police officer who pulls you over to determine whether you are “slightly impaired” or not, this determination can be subjective.

Possible Penalties for Misdemeanor DUI

Even if it is your first time being charged with a DUI, the penalties that you face can be frightening. The maximum jail sentence for an A.R.S 28-1381 charge is six months, and you may be fined up to $2,500. To make matters worse, this may not be the only charge you face. Depending on your level of impairment, you can be charged with A.R.S 28-1381 in addition to more serious DUI charges.

If your BAC content was above 0.08, it is possible to face felony charges in addition to this class 1 misdemeanor. If convicted, you would be subject to a longer jail sentence and a greater fine. However, it is rare that first-time offenders are given the maximum penalty for their offenses. Even the minimums are meant to deter driving while under the influence. You would be looking at $1,250 in addition to court costs and surcharges and would need to undergo regular alcohol screening and install an ignition interlock device in your vehicle for a year.

Being convicted of even a misdemeanor DUI can be life-altering, regardless of the circumstances leading to the charges. The penalties get far worse if you are found to be a repeat offender, which include financial hardship, possible jail time, and the loss of your driving privileges. In society today, being able to drive is nearly synonymous with freedom itself.

Why a Strong Legal Defense is Necessary

Even if the evidence is clearly against you, it is important that you seek legal counsel when facing a DUI charge and not to admit guilt. An experienced attorney can review your case and determine if there are any ways to mount a defense that will result in an acquittal or reduction in fines or sentence. When selecting legal representation, expertise and experience are important because an attorney with extensive knowledge of the process these types of cases go through will be able to advise you properly and ensure that you receive the best possible outcome.

Cates & Carvey Law Group specializes in criminal defense and represents clients throughout Arizona. Our attorneys have over fifty years of combined experience, giving us an advantage when taking on a client’s defense. Give us a call today at 855-965-4522 to learn more about your rights. We look forward to providing you with superior legal representation at a reasonable fee.

Felony Sentencing Guidelines in Arizona

In Arizona, there are many different levels of criminal offenses that have a wide range of punishments associated with them. There are two major categories of crimes, felonies and misdemeanors. Each has different levels, or classes, within each. There are also different categories associated with repeat offenders for each class of felony or misdemeanor. In addition to that, there are several special circumstances and unique sentencing provisions that may or may not apply to your case.
If you or a loved one have been charged with a felony or a misdemeanor offense in Arizona, it is critical to hire an experienced attorney that will fight for you. Here at the Cates Garvey Law Group, we have years of experience handling cases involving the lowest level misdemeanors to the most severe felonies. Mr. Cates is certified by the State Bar of Arizona as a Specialist in Criminal Law and has over 20 years of experience in handling cases of all types. In addition, Ryan Garvey, the managing partner of Cates Garvey, has 20 years of experience in standing up for the rights of the accused. The Cates Garvey Law Group has a strong team of attorneys that have experience in fighting cases in all 15 counties in Arizona. We are aggressive at mounting defenses and strategies to help you fight any allegation. Do not waste your time talking to salespeople who are not licensed attorneys. At the Cates Garvey Law Group, we offer free, and confidential, 30-minute consultations with licensed attorneys to help answer your questions. Please call (855) 965-4522 to schedule a consultation today.

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DUI Charges: Reasonable Suspicion and Dismissal in Phoenix

Driving under the influence cases begin with the traffic stop. For police to initiate a traffic stop, they must have reasonable suspicion that the driver is engaged in criminal activity. Reasonable suspicion for a DUI stop can be based on a huge number of factors, but generally the stop must take place because of a moving violation or otherwise poor driving performance. One of the best ways to beat a DUI charge is by finding an issue with the traffic stop.

I worked on a case where the driver was stopped for failing to use a turn signal. Like many DUI traffic stops, this one happened late at night and traffic was very light. The officer who initiated the stop described no other moving violations or bad driving. After the stop and an investigation, our client was charged with driving under the influence and arrested.

We interviewed the officer and asked him whether he had seen any other indication that our client was impaired before he pulled him over. The officer confirmed that the only reason he had pulled our client over was because of a failure to signal. We then asked him whether there were any other cars on the road at the time of the stop. There were not.

Under Arizona law, a turn signal is only required when a driver’s turn or lane change would affect other traffic. Because there was no other traffic on the road, our client’s failure to signal was not a traffic violation. In a pretrial argument, we were able to convince the judge that the officer lacked reasonable suspicion to make a traffic stop, and that his mistake was not reasonable. As a result, the rest of the investigation was suppressed, and the State had no choice but to dismiss the charges against our client.

We examine all of our DUI cases for these kinds of issues and use them to get the best possible results for our clients. If you have been charged with a DUI, call us! We offer free consultations and are available to discuss your case whenever it is convenient for you.

Written By Attorney Anthony Strong