Be Aware of Arizona's Aggravated DUI Laws and Penalties

October 18, 2012

Be Aware of Arizona's Aggravated DUI Laws and Penalties

People in Arizona are probably familiar with the term DUI, but many may not know that you do not have to be drunk to get a DUI, that a driver under the influence of legal or illegal drugs can get a DUI and that DUI penalties can be compounded by aggravating factors such as child passengers. The recent story of a mother charged with aggravated DUI for driving with a child passenger while under the influence of a drug shows how a mistake can quickly become complicated and costly.

A mother from Mesa was recently arrested on suspicion of aggravated driving under the influence of drugs with her 1-year-old son in the vehicle. During the middle of a weekday in August, the 32-year-old was traveling down East Coury Avenue in Mesa when she crossed the middle of the road, ran over the sidewalk and smashed into a propane tank protected by a surrounding fence. When authorities arrived on the accident scene, it appeared that the mother was under the influence and she was taken to a nearby hospital where she was given a drug to reverse the effects of her medications.

According to the investigation, the mother was under the influence of Oxycodone and Zanex at the time of the accident. The mother has a prescription for Oxycodone, which is a prescription pain medicine. The 32-year-old was directed to take one Oxycodone pill every four hours as needed, but on the morning of the accident the mother took three Oxycodone pills and a Zanex pill. According to Mesa police, driving under the influence cases involving drugs have overtaken the number of DUI cases involving alcohol for the first time in 2012. Drivers convicted of driving under the influence of drugs face similar penalties to those convicted because of alcohol use.

The mother's DUI case is further complicated because her one-year-old son was a passenger, which is an aggravating factor under Arizona's DUI laws. An aggravating factor is an additional fact that increases the penalties for a DUI conviction and making it a felony. In Arizona there are a handful of actions that qualify as aggravating factors, and drivers charged with aggravated DUI or DWI face serious legal penalties.

Under Arizona's aggravated driving statute there are four general aggravated DUI and DWI charges. They include:
-Driving under the influence when the driver does not have the privilege to drive
-Being convicted of a third or subsequent DUI or DWI charge within seven years of a prior DUI or DWI conviction
-Driving under the influence with a passenger under the age of 15
-Driving under the influence when required to use an ignition interlock device

Since the above charges are considered aggravated under the law, the correlating legal penalties are stiff. A person convicted of an aggravated driving under the influence charge faces a minimum of four months in jail or 10 days in jail if enhanced for having a child in the car, mandatory screening and education, revocation of driving privileges for one year, installation of an ignition interlock device, as well as fines, probation and probation fees.

If you have been charged with a DUI or DWI offense, contact an experienced criminal defense attorney to protect your rights.

Article provided by Orent Law Offices, PLC
Visit us at http://www.orentlaw.com/