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I’ve Never Had a DUI, Why am I Being Charged with a Felony?

I’ve Never Had a DUI, Why am I Being Charged with a Felony?

Periodically, I will receive a phone call from someone who has never been arrested for a DUI and cannot understand why their DUI arrest has resulted in a felony charge.  The conversations I have with these potential clients tend to be sobering.  In Arizona, there are a few ways someone can be charged with a felony DUI – otherwise known as an aggravated DUI.  The most common scenario is when someone has been arrested for their 3 DUI’s in a period of 7 years.  The others are as follows:

  • Receiving a DUI while your license is suspended;
  • Receiving a DUI while you you have an ignition interlock installed;
  • Receiving a DUI while a person under the age of 15 is a passenger in your vehicle (even if it is your first DUI);
  • Receiving a DUI while your license is suspended (even if it is your first DUI – regardless of your blood alcohol concentration).

I cannot understand why the Arizona legislature considers a DUI a felony if someone has been arrested while their license is suspended.  In my opinion, there is no justifiable reason why someone who has received their first DUI, and has a low blood alcohol concentration, should be charged with a felony. If you are convicted of an aggravated DUI, not only will you have a felony conviction on your record for the rest of your life, you will be sentenced to four months in prison.  This is prison, not jail, not tent city – no work release.

I feel terrible for anyone who has been subjected to this situation.  As an attorney, I take my clients’ cases personal.  In the past, I have been successful with achieving tremendous outcomes for my clients who have been charged with a felony DUI.  Although all criminal charges are serious, it is critical that you hire an experienced and dedicated lawyer to fight your aggravated DUI charge.  Your life is on the line and you need a champion in your corner!

Author Bio

Matthew L. Lopez

Matthew L. Lopez

Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.

Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.

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Matthew Lopez Law defends clients throughout Arizona. With offices in Tempe, Lake Havasu City, Apache Junction, and Parker, we appear in courts across all 15 Arizona counties. Whether you’re facing charges in Phoenix Metro, rural Arizona, or anywhere in between, we handle cases statewide.

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