What is the best outcome for a person with an aggarvatted DUI charge that has a prior felony, but this being his first DUI?

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What is the best outcome for a person with an aggarvatted DUI charge that has a prior felony, but this being his first DUI?

He was driving drunk, and had a suspended license. Nothing illegal on him and has been in jail for 58 days now. Is there any way he could get off with the manditory 4 months in prison, and a probation period?

Asked on May 27, 2009 under Criminal Law, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Arizona DUI First Offense:

Criminal Status:  Aggravated DUI elevates criminal status to a felony.  An aggravated DUI is a DUI (impaired, per seor extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.

Jail: Aggravated DUI: Terms in prison vary depending on violation.

Arizona DUI Fines/Costs:  Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).

Jail costs:  An 80% surcharge on the base fine is levied on each DUI offense.

Arizona License Suspension:  If aggravated DUI, license revoked for 3 years.

Arizona Probation:  Aggravated DUI: 10 years.

Vehicle Impound:  Yes, for aggravated DUI.

Arizona Alcohol Screening/Education Treatment:  Mandatory for aggravated DUI.

Arizona Ignition Interlock Device:  Required for aggravated DUI.

Community Service:  May be ordered to perform community service.

I don't know what, if at any, effect that the previous felony would have.  A lot would depend on what the felony was.  So, I'm not certain about probation after his 4 months in jail.  It's always a possibility.  This is, after all, his first DUI.

You should consult with an attorney in your area that specializes in DUI cases.  They would have a much better idea about just how the the court will probably handle this.

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