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Felony DUI in Tempe, Arizona

Tempe DUI Lawyer Protecting Defendants' Rights

There are certain scenarios in which a person's driving under the influence (DUI) offense will be considered a felony. Felony offenses are extremely serious, as they can lead to much more severe penalties (such as prison time) when compared to misdemeanor DUI offenses. Furthermore, when individuals are labeled as felons, they can end up having a great amount of difficulty in many areas of their lives in the future, such as when they apply for jobs, housing and admission into college. If you are facing felony DUI charges, it is crucial that you hire a DUI lawyer who has the experience you need for your defense. Attorney Joshua S. Davidson, who is a former prosecutor, is a highly skilled Tempe DUI lawyer who can help you identify the best methods for challenging your driving under the influence charges.

What is Felony DUI?

Drivers can be charged with DUI at the felony level in Arizona if they meet one of the criteria for "aggravated DUI," or if their DUI offenses result in someone else's serious injury or death. A DUI is considered "aggravated," and therefore a felony, when:

  • The offender's driver's license was suspended, cancelled, revoked or refused, or when the individual had a restricted driver's license due to a previous DUI offense
  • The offense is a third or subsequent DUI or DUI-related offense within a period of seven years
  • The offense occurred while a child under the age of 15 was in the vehicle
  • The offender's vehicle was equipped with an ignition interlock device due to a court order

All of these aggravated DUI offenses are considered Class 4 felonies, except for the offense of committing DUI with a child under age 15 in the vehicle, which is considered a Class 6 felony. Class 4 felonies are punishable by a maximum of 3 years in prison, or 3.75 years at the aggravated level. Class 6 felonies are punishable by a maximum of 1.5 years in prison, or 2 years at the aggravated level. All felonies can result in fines of up to $150,000.

Felony DUI charges can also occur when drivers are in DUI accidents and someone else is harmed. These felony DUI charges might come in the form of aggravated assault (when another person is seriously injured due to the DUI offense) or vehicular manslaughter (when another person is killed due to the DUI offense).

Establishing a Strong Defense Plan

There are various types of defenses that can be used for felony DUI charges. For example, some individuals are able to show that they were actually not impaired at the time of the alleged offense or that there was some type of mistake regarding their previous DUI history. If any errors were made by law enforcement when the defendant was tested for impairment or arrested, there is a greater likelihood that the charges could be dropped. Attorney Davidson can help you determine the best approach for fighting conviction or getting a charge reduction in your drunk driving case. Contact the Law Offices of Joshua S. Davidson, PLC today!

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Address: 8110 East Cactus Road Suite 100 Scottsdale, Arizona 85260 Toll Free: (480) 630-2535