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.

A.R.S. §4-244 (34) Underage Drinking and Driving in AZ

According to the law known as A.R.S. §4-244 (34) Underage Drinking and Driving in AZ , it is illegal for anyone who is under the age of 21 to drive or be in physical control of a vehicle while there is any type of liquor in their body.

It doesn’t matter if the person is impaired by the alcohol, or not. This means, you could be completely sober and capable of driving, but still receive a violation if you have alcohol on your breath and are under the age of 21.

Penalties for Underage Drinking and Driving

In the state of Arizona, an underage DUI is also referred to as a Baby DUI. While the charges alone don’t require time in jail, this is typically on the case for first time offenders.

However, an individual facing these charges may still be sentenced by a judge for up to six months in jail. Other charges related to this offense include fines of up to $2,500, as well as an 84 percent surcharge. It’s also mandatory that the individuals license be suspended for a period of two years.

Legal Defenses for Underage Drinking and Driving Charges

If you are facing these charges, the best thing you can do is contact an attorney for help. They will likely go over some of the defenses for this situation, which include:

  • No reasonable suspicion for you to be stopped.
  • No actual physical control of the vehicle.
  • No probable cause for the arrest that was made.
  • The denial of a right to counsel.
  • An inaccuracy of the blood or breath testing device.
  • A violation of the person’s Miranda rights.
  • Incorrect or inaccurate police reports.

An attorney will be able to evaluate your case to determine if any of the above situations apply. In some cases, there are situations where more than one of the aforementioned defenses can be used. This is why it is so important to hire an attorney for assistance.

The Importance of Hiring an Attorney

If you are facing underage DUI charges, then the best thing you can do is hire a DUI defense attorney who understands all the possible defenses for your situation. Someone who is under the age of 21 has their entire life ahead. As a result, the last thing they need is to have a DUI conviction on their record, which can impact their reputation negatively and have adverse consequences for many years to come.

Finding the right attorney matters. Make sure to consider the options in the local area and their knowledge of Arizona laws. A quality attorney will be willing to work diligently to help you reduce the penalties and potential consequences that you face.