I recently had a case where my client was on probation for resisting arrest, a class 6 felony, and was subsequently arrested and charged with Aggravated DUI. In Arizona, Aggravated DUI is a class 4 felony. There are few ways in which someone can be charged with Aggravated DUI – some of the more commons scenarios are if a person has received more than 3 DUI’s in a 7 year period, if a person receives a DUI while their license is suspended, if a person receives a DUI while their vehicle should have or is equipped with an ignition interlock device, or if a person receives a DUI if there is a person under the age of 15 in their vehicle.
Alone, an Aggravated DUI is a very serious charge. If convicted, a person is facing at least 4 months in prison and will have a felony conviction on their record for the rest of their life. Because my client was on probation at the time he was arrested for Aggravated DUI, the penalties became a lot more severe. My client was originally facing two counts of Aggravated DUI – one count for receiving a DUI with a suspended license and one count for receiving a DUI when he should have had an ignition interlock device in his vehicle.
Due to the probation violation, if this matter would have proceeded to trial, my client could have been sentenced to 4.5 years in prison. I negotiated a very favorable plea offer whereby my client received a sentence of 8 months.
The lesson to be learned from this case is that if you are on felony probation, consequences for a subsequent felony charge become a lot greater. If you have been charged with aggravated DUI or are facing a probation violation, it is essential that you receive legal representation from a lawyer who will devote the necessary time to helping you achieve the best possible outcome for your case.