Driving under the influence, or DUI, may seem to be a simple offense consisting of driving while impaired, as the result of the consumption of alcohol or drugs. In fact, there are dozens of statutes in Arizona – particularly Chapter 4 of Title 28 – defining various offenses centering on driving under the influence. These laws cover DUI, DUI drugs, breath tests, multiple DUI’s, and other offenses relating to DUI. Included among those offenses is driving or being in actual physical control of a vehicle under various circumstances, commonly referred to as “aggravated DUI.” But what does that offense consist of?
An aggravated DUI charge can be based on a number of different situations. Those circumstances include:
- Driving while under the influence of liquor or drugs while your license is revoked, cancelled, or suspended.
- Driving while under the influence of liquor or drugs while are any restrictions on your driver’s license, including an administrative suspension.
- Committing a third DUI within 84 months (known as the “lookback period).”
- Committing a DUI while a passenger 14 years of age or younger is an occupant in your vehicle.
- Committing a DUI while under a court order to equip your vehicle with an ignition interlock device.
- Driving in the wrong direction on a roadway while under the influence of alcohol or drugs.
Depending upon the specifics of the case, a conviction for aggravated DUI may carry a mandatory minimum jail term, for example: four months for a DUI with a suspended or revoked license, for a third DUI within 84 months, or for a “wrong way DUI.” An aggravated DUI conviction also carries, as you might expect, a requirement of completion of alcohol/drug screening and education.
In Arizona and across the country, DUI penalties have become harsher over the years. Not surprisingly, we expect that trend to continue.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028