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An Aggravated DUI as a third offense in 84 months is a Class 4 Felony in Arizona. It is defined and punishable under A.R.S. 28-1383(A)(2). The State prosecutes all DUI offenses harshly. However, a third offense raises several concerns to prosecutor offices due to the repetitive nature of the offense. As such, it is not difficult to see why the State takes the position it does in these prosecutions. Indeed, committing a DUI offense for a third time in seven years raises legitimate concerns that this behavior will continue despite previous legal interventions.
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The harshness in how the Arizona legislature proposed to punish Aggravated DUIs is reflected in how serious the State takes these cases. With the exception of only two theories, Aggravated DUIs carry a mandatory prison sentence of not less than four months as a term of probation for a first-time offender. Specifically, the offense being discussed here, a third offense within seven years, is one of the Aggravated DUI theories punished by four months prison as a term of probation.
A conviction for any type of Aggravated DUI could have dire consequences for a person. In addition to mandatory prison, a person convicted under this section faces a drivers license revocation and ignition interlock requirement. It is important for anybody charged with Aggravated DUI to consult with an experienced Arizona DUI attorney.
Huss Law, PLLC As Your Aggravated DUI Attorney
Jeremy L. Huss of Huss Law, PLLC has 20 years of experience handling all types of Aggravated DUI cases in Arizona. Specifically, Mr. Huss has trained law enforcement on conducting DUI investigations as well as legal issues that may come up in the courtroom. Also, Mr. Huss is knowledgeable on DUI breath testing issues and potential issues surrounding blood draws. Moreover, Mr. Huss has expert knowledge in DUI defenses including No Actual Physical control along with other specific defenses. He also has expert tips concerning the best way a person suspected of DUI can protect themselves during a DUI investigation. Indeed, any person charged with DUI or Aggravated DUI in Arizona should call Huss Law, PLLC immediately.
Consequences of Aggravated DUI as a Third Offense in 84 Months
The consequences of a class 4 felony Aggravated DUI as a third offense in 84 months (7 years) carries stiff penalties. As mentioned, a first-time offender faces mandatory prison for a conviction even if granted probation.Â
Category 1 Aggravated DUI as a Third Offense in 84 Months
A Non-Dangerous Category 1 offense is probation eligible. One falls within Category 1 if the person has no prior felony convictions, or the State has not alleged the prior felony conviction(s) for whatever reason (i.e., plea negotiations or in exchange for a bench trial). The consequences for an Aggravated DUI in Category 1 are the following:
- Probation eligible;
- Up to 10 years of supervised probation (However, prison range of 1 to 3.75 years, with a presumptive of 2.5 years, if sentenced to prison on a first offense).
- Mandatory minimum no less than 4 months department of corrections as a term of probation
- Revocation of driver’s license
- Fines, fees and surcharges
Category 2 Aggravated DUI as a Third Offense in 84 Months
A Category 2 offense is not probation eligible. A person falls within Category 2 if they have at least one prior felony conviction, or the State only alleges one prior felony conviction for sentencing purposes. The consequences for an Aggravated DUI in Category 2 are the following:
- Not probation eligible; Prison only result
- Prison range:
- Minimum Sentence: 2.25 Years Prison
- Presumptive Sentence: 4.5 Years Prison
- Maximum Sentence: 7.5 Years Prison
- Revocation of driver’s license
- Fines, fees and surcharges
Category 3 Aggravated DUI as a Third Offense in 84 Months
Like a Category 2 offense, a Category 3 offense is not probation eligible. One falls within Category 3 if the person has at least two prior felony convictions. Even if a person has twenty prior felony convictions, they are a Category 3 offender. The consequences for an Aggravated DUI in Category 3 are the following:
- Not probation eligible
- Prison range:
- Minimum Sentence: 6 Years Prison
- Presumptive Sentence: 10 Years Prison
- Maximum Sentence: 15 Years Prison
- Revocation of driver’s license
- Fines, fees and surcharges
Related DUI Topics
The Importance of Hiring Huss Law, PLLC
Clearly from the above, Aggravated DUI as a third or more offense in 84 months (7 years) carries significant penalties. Indeed, a first time offender with no prior felony convictions faces a minimum 4 months prison as a term of probation, which could last up to 10 years. Moreover, a person with one prior felony conviction faces significant prison time. And a person with two or more prior felony convictions may face between 10 and 15 years in prison for an Aggravated DUI. People are astounded at the Category 2 and 3 prison exposure. Facing this type of jeopardy dictates the need for competent and experienced legal counsel.
Retaining an attorney battle-tested and skilled in handling these specific offenses is an important life-decision. Jeremy Huss has 20 years’ experience handling Arizona DUI cases. As discussed above, Mr. Huss has trained law enforcement on DUI investigations and has expert knowledge in blood draws, the breath test, and what to do and not do during a DUI investigation. Also, his background and knowledge enables him to know how to defend and mitigate DUI charges. If you are under investigation for a DUI, call Huss Law immediately.