Is It A Misdemeanor or a FELONY!!!!!!
Heather[1] had a traumatizing night and was glad that it was all over. She dropped her two children off at elementary school and spent the morning shopping. She met her good friend for lunch and they shared a bottle of wine. Straight after lunch Heather went to get her children from school. With the kids in the car she was pulled over for “speeding in a school zone”. Upon further investigation the officer found out that she had been drinking and ultimately arrested her for a DUI – not just a regular DUI but a Felony (Aggravated) DUI .[2]
Zack failed to appear at court in response to traffic citation that was issued to him personally by a police officer. He got a notice from the Motor Vehicle Division that his license was suspended. He blew it off and drove anyway – after he had been drinking at a friend’s party. He was pulled over for taking a “wide right turn” and the officer could smell an “odor of intoxicating beverage”. The officer subsequently arrested him for a DUI – not just a regular DUI but a Felony (Aggravated) DUI .[3]
John had DUI convictions from 2003 and 2005. He just got a promotion at work and his coworkers threw him a surprise party. He drank. Then he drove. He was pulled over and was subsequently arrested for a DUI – once again, not just a DUI but a Felony (Aggravated ) DUI .[4]
Naturally, the common theme to all of the above stories is that a DUI can be a misdemeanor[5] or as set out above can be a Felony Aggravated DUI . What makes Heather’s DUI a felony is that there were children in the car at the time. What makes Zack’s a felony is that his license was suspended at the time of his arrest. What makes John’s a felony is the fact that he had two prior DUIs that took place less than seven (7) years before. It goes without saying that the consequences, direct and collateral, are more serious for a felony and they can be life altering.
DUI (misdemeanor and felony DUI’s ) laws are complex and nuanced depending on numerous factors, including but not limited to: which court you are in; whether you were sick at the time of the “stop”; whether you were taking any medication; the exact level of your blood alcohol concentration[6]; what method was used to determine your blood alcohol concentration (different methods have different variables and margins of error); whether there are any maintenance issues with regards to the machine used to test your blood alcohol concentration; whether there was “probable cause” to stop your vehicle in the first place; whether there was “probable cause”, after a stop, to conduct an investigation for a DUI ; the way your blood may have been drawn; whether field sobriety tests were involved, if so which ones; your age; whether you had a fever at the time of the stop; whether any statements were taken from you; whether the statements were taken in a way that violates the Constitution. . .and the list goes on.
The bottom line is if you or a loved one is facing a DUI (be it a misdemeanor or a felony aggravated DUI ) it is not worth going it alone – be sure to get the best possible legal representation you can to help.
Kevin Breger is the principal attorney at The Law Offices of . Mr. Breger focuses exclusively on criminal law and DUI representation and can be reached at 602-682-5582 or at kbreger@bregerlaw.com. Remember if you do email Mr. Breger please provide a phone number where he can call you back at to discuss your situation. Mr. Breger’s principal office is located at 2025 N. 3rd Street, Suite 157, Phoenix, AZ 85004 and he also has an address in Scottsdale. He represents clients throughout Maricopa County, Pinal County and Yavapai County.
The information in this article is current as of January 2009. Remember that all cases need to be assessed on their individual merits and you should consult your attorney to discuss the specific issues in your case.
[1] All names have been changed to protect the innocent.
[2] See Arizona Revised Statue § 28-1383(A)(3).
[3] See Arizona Revised Statue § 28-1383(A)(1).
[4] See Arizona Revised Statue § 28-1383(A)(2).
[5] “Regular” pursuant to Arizona Revised Statue § 28-1381, or an “extreme/super extreme” pursuant to Arizona Revised Statue § 28-1382.
[6] Commonly referred to as “BAC”.
