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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 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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