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  3. The Difference Between Aggravated DUI and Regular DUI

The Difference Between Aggravated DUI and Regular DUI

Jun 6, 2011 | Phoenix DUI lawyer

Learning the difference between a regular DUI and an aggravated DUI can save you from having to call a Phoenix aggravated DUI lawyer. Before you get behind the wheel when you’ve been drinking, consider the following:

  • An aggravated DUI comes in many different forms. In Arizona, there are three ways to be convicted of an aggravated DUI:
    • Committing a normal DUI if you’ve already had two or more DUI convictions within the last 60 months, or 5 years.
    • Having a DUI conviction if your license has been suspended or revoked.
    • Committing a standard DUI with a child or children under the age of 15 in the vehicle.
  • Aggravated DUIs are a felony. If convicted of an aggravated DUI, you’ll face many unpleasant consequences, including at least four months in prison. You might also have fines, community service or probation. While you can mitigate some or all of this damage with a good Phoenix aggravated DUI lawyer, it’s best to be responsible and avoid operating a vehicle while under the influence.
  • Just like a normal DUI, an aggravated DUI happens when a person has a blood alcohol content (BAC) of 0.08 within two hours of operating a motor vehicle. In fact, even slight impairment behind the wheel is enough to cause an aggravated DUI conviction if you fall into one or more of the categories listed above. The “two-hour” law means that you can’t rely on the rising alcohol defense – if your BAC rises above 0.08 at any point within two hours after driving, you may be arrested for a DUI.
  • In both cases, a DUI doesn’t have to mean alcohol. Whether it’s an aggravated DUI or a standard DUI, the substance involved doesn’t have to be alcohol. If you’re convicted of two normal alcohol-related DUIs and are subsequently convicted of a marijuana-related DUI, you may still find yourself facing an aggravated DUI conviction.

Driving under the influence is no laughing matter. If you’re concerned for your future, call a Phoenix aggravated DUI lawyer right away. An aggravated DUI sentence has many implications for your future. Don’t risk a possible felony conviction.