DUI Charges: Types of DUI offenses and their classification

  
May 10, 2011
By James E. Novak, P.L.L.C. on May 10, 2011 7:17 AM |

You have the right to fight your Chandler DUI, no matter what the circumstances. Top Chandler AZ attorneys agree that the key to a winning defense is to hire an experienced Chandler AZ DUI Attorney early.

Chandler AZ sentencing for a DUI or DWI convictions depend mainly on two factors:
1) the type of DUI you are charged with and
2). if you have other DUI or criminal convictions on your record. If you face any type of DUI or DWI charge in Chandler, AZ should consult an AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges in Chandler AZ Court.

You should ask to speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any.

Types of Chandler AZ DUI - DWI Charges That May Apply
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI "with a prior" DUI, or other prior Criminal Convictions
Any Chandler AZ DUI or DWI should be taken seriously. All DUI convictions include sentences of mandatory jail time, among additional punishments. A Chandler DUI Charge "with priors" or an existing criminal record will result in a more severe sentencing if convicted. A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Chandler AZ DUI Penalties
Chandler DUI classifications, sentencing and penalties are governed by the guidelines, and minimum sentencing rules under the State Laws of Arizona. You have surely heard by now that Arizona has some of the toughest DUI laws and penalties in the country.
Classifications and penalties can be found in detail under each type of violation at "azleg.gov/ArizonaRevisedStatutes. Here are a few citation references to send you in the right direction to find exactly what you are looking for"

"...Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383 Aggravated driving or actual physical control while under the influence; violation; classification; definition..."

Chandler AZ DUI Sentencing
Although there are minimum sentences that exist for any Chandler DUI conviction, the judge in many cases has some discretion of ordering additional punishments. They will make their decisions on the merits of each case, depending on the facts of your case, and any prior criminal or DUI history.

Chandler DUI or DWI convictions will expose you to the following minimal penalties:
• Mandatory Jail;
• Fines, Fees, Costs;
• Mandatory Installation of an Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time;
• Alcohol and or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Chandler AZ Felony DUI - DWI
A Chandler AZ felony DUI also known as "aggravated DUI". Conviction for an aggravated DUI is extremely serious and carries very harsh penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Chandler DUI Lawyers and the need for DUI Defense Chandler AZ
Remember, a DUI arrest for a Chandler DUI, does mean you are "guilty". Nor is it a conviction. No matter how high your BAC or other circumstances surrounding the charges, you still have the right to challenge the DUI charges. Even though you were charged or arrested, you are still innocent until proven guilty.. You also have the right to a defense attorney. Choose your DUI attorney wisely. For your best chance at a winning defense, make sure it is a private practice attorney, who has the time and resources to spend to fight your DUI. The best Chandler AZ DUI lawyers will fight to get your Chandler DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities including Chandler, Mesa, Phoenix, Gilbert, Tempe, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.