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Aggrivated DUI

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bbooth01

Junior Member
What is the name of your state? AZ

Anyone know the jail time that I might recieve? Spent 1 night in jail, court on the 8th but the unknown is killing me. I had my son in the car and the officer said if he was not with me they would have released me which is confusing since I blew .16. I know already my fault and luckily my son is ok and was released to family without seeing mommy get handcuffed. I am not here for pitty by any means and the rude comment that come back is just a waist of your typing, I am here for valid info. I have been employed at the same co for 14 years and do not want to loose my job. Is work furlow an option. 1st offence no prior anything but I know the DUI law is becoming more strict.
~ Thank you
 


FlyingRon

FlyingRon

Senior Member
You are in deep trouble. You need a lawyer. You're going to do at least ten days in the slammer (including the one you had) just because of the 0.16. The child in the car is a class 6 felony (if this is your first DUI). That can be reduced to a misdemeanor, but still EXPECT jail time (possibly a with a great deal of it suspended). Also expect to lose your license for three years.
 
I

irish77

Member
thoughts

First off let me say that I am happy your son is okay and no one was hurt. Second, I am writing this from your side of the fence and just have information to provide. I did a few searches and came up with some information. Again, this is just what I found and I am not a professional, but unfortunately have been through this before. I read your message twice. I see that there was no accident, correct? The accident could increase your penalties. This is what I found for the state of arizona. It was @ www.stopduiaz.com. I live in PA and never had to investigate the DUI with a child, so I just did some reading and googling on some key words.

Aggravated DUI
(Class 6 felony if reason for aggravation is
child 15 or younger in car)

A.R.S. section 28-1383

Probation for up to 10 years.
$750 fine plus a $1,500 assessment to be deposited in the prison construction and operations fund and a second $1,500 assessment to be deposited in the state general fund.
$250 DUI abatement fee.
Must pay for and install Ignition Interlock Device.
Minimum of 10 consecutive days in jail.
MVD: automatic revocation for 3 years, must re-apply for license and meet MVD requirements.
 
B

bbooth01

Junior Member
aggrivated DUI

Why would I have to pay for an interlock dev if I cannot drive for 3 years?

Yes it is my 1st and only encounter with the law and there was no accident.
 
Just Blue

Just Blue

Senior Member
bbooth01 said:
Why would I have to pay for an interlock dev if I cannot drive for 3 years?

Yes it is my 1st and only encounter with the law and there was no accident.
Click to expand...
Was there a child endangerment charge?

When you are eligible for you license you will have to have an interlock installed.
 
B

bbooth01

Junior Member
court today

well they didn't haul me off yet! I met with a court appt attny and she is trying to get my 3 days knocked down to 1 in county jail. probation for up to 3 years and if I complete everything my class 6 felonly will be knocked down to a misdemenor. WHEW music to my ears, and no just because I may be getting off easy doesnt mean I will ever drink and drive again, this is going to cost me about 7K. Its putting my family out and I fell horrible. I have learned my lesson. Because my son is minor his dad my husband can testify on his behalf. They asked him if 3 days was better than 1? He said I dont think she will learn anymore being in for 1 or 3 she has to go and its the law. I am glad they are taking into consideration my time of employement and my attendance at school, and I know that being a 1st time offender has a positive ring to it too. thanks for the advise all have provided, I will keep you posted. sorry dont have spell check and in a hurry.
 
I

irish77

Member
could always be worse...

and what happens to your driving privs in Arizona? I want to assume that they are suspended, but please share. thanks.:)
 
R

RatPackLar

Member
Remember This and Remember It Well

Probation is no walk in the park, and if you screw it up, they will toss you in jail, and your felony will stick to you. That means no booze, no arrests, no drugs, no nothing. You get in any other kind of trouble, and they will lock you up.

One slip up, and they can hit you hard, and hang that felony charge around your neck. Once you are a felon, you are always a felon. You cannot vote, you cannot buy a gun, and your future employment opportunities are quite limitied, should you lose your job, or get laid off, and have to go find a new one.

Your DL is revoked, not suspended, and you then will have to dance with the DMV to get it back, and that is not easy. The courts do one thing, the DMV does another thing. You get caught driving whist revoked, the DMV will hit you harder, and that charge would also trigger a probation violation.

I would not dance to the music to your ears just yet. Just cause your lawyer is TRYING, does not mean the deal will go down the way you think.

AZ has some of the toughest DUI laws around, and you DUI, with a kid in the car, not good.

The DA, and the Judge, still have to approve any deal, and they may or may not, be so inclined to do so, given how bad DUI is viewed today. DUI with a kid in the car, is worse. Moms, kids and DUI, do not mix well with anybody in the system.

I hope you are not in Maricopa County, Sheriff Joe loves to pound on jail birds, you could be looking forward to lots of bologna sandwiches, pink jammies, and tent city.

Good luck, I hope it works out for you.
 
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B

bbooth01

Junior Member
sentencing on the 15

Ok so I have taken the plea bargin of guity and have to do 24 hrs in jail. Way better than what I thought I was going to get so I am happy with that. My licence is restricted for 3 years. I will deal with this its not the end of the worid- and I am not going to be one of those ones that fight with fire and has to worry about getting caught, I am taking this very serious! I am not sure the lengh of my probation yet I meet with the po on 8/1. I have to take classes and do community service and it will cost around 6K. Of course after its all over then I will have to deal with DMV and the judge to get it knocked down to a misdemenor. Hopefully time will fly! Thanks for all the info, and hopefully I have helped answer anyones question about AZ I think the only reason I did not get hammered is because I have no prior's at all and I have a good rep with work and family.
 
S

seniorjudge

Senior Member
bbooth01 said:
Ok so I have taken the plea bargin of guity and have to do 24 hrs in jail. Way better than what I thought I was going to get so I am happy with that. My licence is restricted for 3 years. I will deal with this its not the end of the worid- and I am not going to be one of those ones that fight with fire and has to worry about getting caught, I am taking this very serious! I am not sure the lengh of my probation yet I meet with the po on 8/1. I have to take classes and do community service and it will cost around 6K. Of course after its all over then I will have to deal with DMV and the judge to get it knocked down to a misdemenor. Hopefully time will fly! Thanks for all the info, and hopefully I have helped answer anyones question about AZ I think the only reason I did not get hammered is because I have no prior's at all and I have a good rep with work and family.
Click to expand...
You need to go to Alcoholics Anonymous.
 
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