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When you have been arrested for driving while under the influence of alcohol (DUI/DWI), you need a lawyer who will fight to protect your rights, make sure you are treated fairly and who knows how to get results. The lawyer you choose may be the difference in the outcome of your case.
A person convicted of an aggravated drinking and driving offense is guilty of a Class 4 felony. Either driving under the influence, being in actual physical control of a vehicle or driving with a blood alcohol content of .08 or more will be considered an aggravated offense if it is committed while the person's license is suspended, canceled, revoked, refused or restricted, and the state can prove that the person knew the status of his or her driving privileges. Likewise, if a person is convicted and has been previously convicted of two or more prior drinking and driving offenses in Arizona, or in any other state where the law complies with Arizona law, with all of these offenses occurring within 84 months, the last conviction will result in an aggravated sentence. The dates of commission of the offenses are the dispositive dates in determining the 84-month period.
A person convicted of aggravated DUI with no prior felony convictions is required to serve a term of incarceration in the Arizona Department of Corrections that can range from four months up to three years and six months. If sentenced to probation for aggravated DUI, the individual must serve a minimum of four months in prison prior to being released to the probation department of the presiding court. If sentenced to prison, the individual must serve 85 percent of the prison sentence prior to be being released. The remaining prison sentence will be served through community supervision.
The sentence may also include up to ten years of supervised probation and alcohol screening, counseling, education and treatment. If the person fails to complete the screening, counseling, education or treatment the court may make a finding that the individual is in violation of probation and re-sentence the individual to a term in the county jail or a presumptive term in the Arizona Department of Corrections. Should the person's probation be revoked he/she will receive any credit for the time served when re-sentencing occurs.
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A person convicted of either driving under the influence, being in actual physical control of a motor vehicle or driving with a blood alcohol content of .08 or more who has three or more prior convictions within the last 84 months is guilty of a Class 4 felony. The sentence will be similar to the one stated above in that the person must serve a minimum of four months in prison. If a person is convicted of an aggravated drinking and driving offense, the court, in addition to all of the aforementioned sanctions, may order the motor vehicle owned and operated by the person at the time of the offense forfeited in the same manner as provided under Title 13, Chapter 39.