Aggravated DUI Defense Attorney In Yuma, AZ

Third DUI Within 84 Months (7 Years)

If you have two prior DUI convictions within the past seven years (counted from arrest date to arrest date), a third DUI becomes a Class 4 felony aggravated DUI. This applies even if the prior convictions were in other states. Arizona counts out-of-state DUI convictions when calculating prior offenses.

DUI While License Suspended Or Revoked

Driving under the influence while your driver's license is suspended, revoked, canceled or restricted is a Class 4 felony. This often occurs when someone has a suspended license from a prior DUI and gets arrested for DUI again before their license is reinstated.

DUI With Person Under 15 In Vehicle

If you're arrested for DUI with a passenger under 15 years old in the vehicle, you can be charged with aggravated DUI as a Class 6 felony. This applies even to first-time DUI offenses when a child is present in the car.

DUI With Required Ignition Interlock Device

If you're required to have an ignition interlock device installed in your vehicle and you're arrested for DUI while driving a vehicle without one, you can be charged with aggravated DUI. This also applies if you tamper with or circumvent an installed device.

DUI While Driving The Wrong Way

Driving under the influence while you are traveling the wrong way on any road is a class 4 felony. This can also happen when driving under the influence and you swerve over into oncoming traffic.

Class 4 Felony Aggravated DUI

Prison Time: For a first-time felony offender with no prior felonies, the sentencing range is:

• Minimum: 1 year
• Presumptive (typical): 2.5 years
• Maximum: 3.75 years
• Probation available: if granted first must serve 4 month prison term prior to being placed on probation

Prior felony convictions increase these minimums substantially.

Class 6 Felony Aggravated DUI

Prison Time: For a first-time felony offender, the sentencing range is:

• Minimum: 4 months
• Presumptive (typical): 1 year
• Maximum: 2 years

While Class 6 felonies can sometimes be designated as misdemeanors at sentencing, aggravated DUI convictions typically result in actual felony designations.

Challenge The Underlying DUI Charge

If you weren't actually driving under the influence, there can be no aggravated DUI. We challenge the underlying DUI charge by attacking the breathalyzer or blood test results, challenging the legality of the traffic stop, and questioning the officer's observations. If we can get the DUI charge dismissed or reduced, the aggravating factors become irrelevant.

Challenge Prior DUI Convictions

For third DUI cases, we investigate whether the prior DUI convictions were valid. If procedural errors occurred in previous cases, if you weren't properly represented, or if your constitutional rights were violated in prior cases, those convictions may be challengeable. We examine all prior convictions to identify potential defenses.

Challenge License Status

For DUI with suspended license charges, we investigate whether your license was actually suspended at the time of the arrest. Administrative errors occur. Suspension notices get sent to wrong addresses. Paperwork gets lost. We verify the actual status of your license and challenge the prosecution's evidence that it was suspended.

Constitutional Defenses

We file motions to suppress evidence obtained through illegal traffic stops, warrantless searches, or other constitutional violations. If the officer lacked reasonable suspicion to stop you, or probable cause to arrest you, the entire case can be dismissed. We scrutinize every aspect of the police conduct.

Negotiate Charge Reduction

In some circumstances, we can negotiate with prosecutors to reduce felony aggravated DUI charges to misdemeanor DUI. This typically requires identifying significant weaknesses in the prosecution's case or demonstrating mitigating circumstances. This isn't possible in every case, but we explore every opportunity.

Trial Defense

When negotiations fail or when the evidence supports acquittal, we take aggravated DUI cases to trial. Mr. Cordova has extensive trial experience in Yuma County. We prepare aggressive trial defenses, cross-examine prosecution witnesses, challenge evidence and hold the state to their burden of proving guilt beyond a reasonable doubt.

1. Initial Appearance

Within 24 hours of arrest, you appear before a judge who sets release conditions and informs you of the charges. In aggravated DUI cases, release conditions often include ignition interlock, alcohol monitoring and other restrictions.

2. Grand Jury Or Preliminary Hearing

The prosecution must establish probable cause through either a grand jury indictment or a preliminary hearing. These procedures determine whether there's enough evidence to proceed to trial in Superior Court.

3. Arraignment And Pre-Trial Conferences

You're formally arraigned on the felony charges in Superior Court. Multiple pre-trial conferences follow where we negotiate with prosecutors and discuss potential plea agreements or prepare for trial.

4. Motion Practice And Discovery

We file motions to suppress evidence, challenge procedures and attack weaknesses in the prosecution's case. Both sides exchange evidence through the discovery process.

5. Plea Agreement Or Trial

If we can negotiate favorable terms that you accept, the case resolves through a plea agreement. If not, we prepare for and conduct a jury trial where the prosecution must prove every element of the charge beyond a reasonable doubt.

6. Sentencing

If convicted, sentencing occurs weeks later. We present mitigation evidence to argue for minimum sentences within the statutory range.