Aggravated DUI

Aggravated DUI Attorney in Chandler

Driving under the influence (DUI) allegation in Chandler, AZ, can escalate to a more severe level known as Aggravated DUI, encompassing multiple violations. Being found guilty of this offense can lead to grave consequences, such as installing an ignition interlock device, jail time, substantial fines, and more. Criminal charges for Aggravated DUI don't always lead to a conviction. The prosecution must prove every element of the offense beyond doubt. Even a slight doubt can lead to reduced or dismissed charges, which is why hiring a skilled DUI defense lawyer is crucial for building a solid defense.

If you or a loved one has been charged with an Aggravated DUI in Chandler, AZ, please contact The Nava Law firm to speak with an attorney. When you choose to work with us for your DUI defense, you can expect a thorough analysis of your case, including evidence review, scrutiny of police procedures, and identification of constitutional violations. With effective communication and a client-centered approach, we will keep you informed, explain legal concepts clearly, and address your concerns. Contact us today and schedule your free consultation to learn how we can help you.

What is an Aggravated DUI in Arizona?

Per the guidelines in section 28-1383 of the Arizona Revised Statutes, a person can be accused of an Aggravated DUI offense in Arizona under specific conditions. These include:

  1. License Status: Driving under the influence with a suspended, revoked, or canceled license.
  1. Previous Offenses: Committing a third or subsequent DUI offense.
  1. Presence of Minors: Operating the vehicle under the influence with a child under 15 years old.
  1. Ignition Interlock Device: Being charged with DUI when an ignition interlock device is installed on the vehicle.

In Arizona, the term "Driving Under the Influence" encompasses several scenarios. An individual can be charged with a DUI if they are found to be in control of a vehicle while:

  1. Controlled Substances: Driving while impaired due to liquor, drugs, toxic substances, or any combination.
  1. Blood Alcohol Concentration: Alcohol concentration level of .08 or more within two hours of driving. Operating a motor vehicle with an alcohol concentration of .04 or more.
  1. Controlled Substances: Presence of any controlled substance in the body.

"Driving" and "motor vehicle" are explicitly defined under Arizona law. According to ARS § 28-101(17), "driving" is not limited to just moving a vehicle; it includes physically controlling the car. This means that a person can be charged with DUI even if they are not actively driving but are in a position to control the vehicle.

Arizona law under § 28-101(33) defines a "motor vehicle" as either a self-propelled vehicle or a vehicle operated on the highways using motor vehicle fuel. This broad definition ensures that DUI laws can apply to many vehicles, not just traditional passenger cars.

Wrong-Way Driving While Under The Influence 

A wrong-way DUI occurs when a driver operates a motor vehicle while traveling in the opposite direction of traffic flow on a roadway, such as driving against traffic on a highway or freeway. This behavior is extremely dangerous and can lead to severe accidents and injuries.

Wrong-way DUIs are treated with utmost seriousness by law enforcement and the legal system. In Arizona, if a driver is caught driving under the influence while traveling the wrong way, it can result in an aggravated DUI charge.

Given the severe impact on your reputation, finances, and freedom, seeking competent legal help, such as from the Chandler, AZ, Aggravated DUI defense lawyers at The Nava Law Firm, is critical.

Live in Another State?
Dealing with criminal charges in Arizona can be overwhelming and stressful. Receiving a charge of this magnitude in Arizona when you don’t live here adds an additional stress that you may not know how to handle.
Having our Arizona legal team by your side:
Minimizes the amount of travel time back to Arizona.
Potentially eliminates the need for travel back to Arizona.
Provides extensive experience in representing out of state residents.
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Penalties for Aggravated DUI in Arizona

Per section 28-1383 of the Arizona Revised Statutes, a person found guilty of an Aggravated DUI offense in Arizona could face felony charges. The level of the felony charge depends on the specific nature and circumstances of the Aggravated DUI offense.

Those convicted of Aggravated DUI can expect to face a broad range of penalties, including but not limited to:

  • Monetary Fines: A minimum fine of $750 is required. This is the base fine; additional fines and assessments may be levied.
  • Ignition Interlock Device: Offenders must have an ignition interlock device installed in their vehicle for at least one year. This device prevents the vehicle from starting if the driver's blood alcohol content (BAC) exceeds a certain limit.
  • Community Service: Offenders may be required to perform community service as part of their restitution.
  • Probation: Individuals convicted of Aggravated DUI may be subjected to a probation period of up to ten years.
  • Vehicle Impoundment: The offender's vehicle may be seized and impounded.
  • Additional Assessments: An additional assessment of $250 may be imposed on top of the base fine. An assessment of $1,500 may be levied, to be deposited into the Prison Construction and Operations Fund. Another assessment of $1,500 may be required, with this money going into the Public Safety Equipment Fund.
  • Alcohol or Drug Programs: Offenders may be required to undergo mandatory alcohol or drug screening. Offenders may need to participate in mandatory alcohol or drug education or treatment programs.
  • Court Costs: Convicted individuals may be required to cover the costs associated with their court proceedings.
  • License Suspension: A minimum three-year suspension of the offender's driver's license may be imposed.
  • Criminal Record: A felony conviction for Aggravated DUI will result in a criminal record, which may affect future employment prospects, housing applications, and more.

These potential consequences underscore the seriousness with which Arizona treats Aggravated DUI offenses. This stringent approach aims to deter individuals from driving under the influence and to keep the roads safer for everyone.

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Contact an Aggravated DUI Attorney in Chandler

If you have been charged with an Aggravated DUI in Chandler, AZ, contacting an experienced attorney is important. By entrusting your DUI defense to The Nava Law Firm, you can rest assured that you have a dedicated legal team working tirelessly on your behalf. Your attorney's depth of experience, meticulous attention to detail, and unwavering commitment to protecting your rights will help you confidently navigate the legal process.

‍Our firm primarily serves the areas of Phoenix, Scottsdale, Chandler, Tempe and other areas around Arizona. If you are in need of an experienced DUI attorney in Maricopa County, please contact us today to schedule your free case evaluation.

Our Case Results

Second Time DUI

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time. Result: Charge Reduced w/ No Jail.

Drug DUI

A man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge. Result: Case Dismissed.

Aggravated Assault

A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time. Result: Charge Reduced to a Misdemeanor.


A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. Result: Not Guilty After Jury Trial

Resisting Arrest

A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters. Result: Case Dismissed.

Domestic Violence

A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal. Result: Case Dismissed After Diversion.


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Legal Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult an attorney for advice regarding your individual situation. Armando Nava is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

The Nava Law Firm Address
1641 E. Osborn Rd, #8A
Phoenix, Arizona, 85016
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