THE DIFFERENCE BETWEEN Aggravated DUI & DWI

THE DIFFERENCE BETWEEN Aggravated DUI & DWI


Both DUI and DWI charges are equally serious and carry matching punishments. Arizona usually files two charges:

AGGRAVATED DUI (A.R.S. §1328-1383 applying A.R.S. §1328-1381 (A)(1)) Driving Under the Influence of intoxicating liquor (or drugs) while license suspended or third DUI / DWI within seven (7) years.
AGGRAVATED DWI (A.R.S. §1328-1383 applying A.R.S. §1328-1381 (A)(2)) Driving with a Blood Alcohol Content (BAC) of 0.08% or greater within two hours of driving while license suspended or third DUI / DWI within seven (7) years.
The key to defending against the charges is knowing the difference between these two.

The DUI charge, by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions.

The DWI charge does not require that the accused have a BAC of .08% or greater “at the time of driving”. Many defendants plead guilty if their breath or blood test is above a .08%. The ordinary citizen does not realize the test results only show their BAC at the time they were tested and NOT at the time they were actually behind the wheel. As it will be explained in the “Possible Defenses” section, there is a way to mathematically calculate what your true BAC level was “at the time of driving”. This math formula is known as a “retrograde extrapolation”. If your BAC is found to be below a .08% “at the time of driving”, this is a possible defense.

Legal Update

As of 7/17/00 the Legislature passed a law stating that the “retrograde extrapolation” is only a defense to the DUI charge, not the DWI or the Extreme DWI charges. However, we are continually challenging this change in the law as unconstitutional. This has already been successfully reversed in Delaware and Pennsylvania. Many DUI/DWI Lawyers in Arizona are currently challenging this law in the Appellate Courts. See us immediately to discuss the ongoing status of the “BAC at the time of driving” defense.

By citing drivers under two laws, Aggravated DUI (A.R.S. §28-1383 (A)(1)), and Aggravated DWI (A.R.S. §28-1383(A)(2)), the State gets multiple chances to convict. If convicted of one or both Aggravated DUI or Aggravated DWI, the punishment is the same.


Possible Punishments/Penalties for Aggravated DUI/DWI


First offense felony:

The mandatory minimum penalty is four (4) months in PRISON; mandatory alcohol screening and classes; the MVD will revoke driving privileges for at least three (3) years; and supervised probation requiring monthly visits, monthly probation fees, and urinalysis at any time the probation officer so desires. The maximum can be three and three quarters (3.75) years in PRISON!

Second offense felony:

If convicted of a second felony Aggravated DUI or Aggravated DWI during any time in your life (or if you have one (1) allegeable historical non-Aggravated DUI felony conviction), you will be subject to a mandatory minimum two and one quarter (2.25) years in PRISON along with the other penalties outlined above. The maximum can be seven and one half (7.5) years in PRISON!

Third offense felony or more:

If convicted of a second felony Aggravated DUI or Aggravated DWI during any time in your life (or if you have two (2) allegeable historical non-Aggravated DUI felony conviction), you will be subject to a mandatory minimum six (6) years in PRISON along with the other penalties outlined above. The maximum can be fifteen (15) years in PRISON!


 http://dmcantor.com/dui-vehicular-crimes/aggravated-dui-dwi-felonies