Statute of Limitations for Felony DUI (Aggravated DUI) in Arizona

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Practice Areas: Criminal Defense

Driving Under the Influence (DUI) is a very serious criminal charge in Arizona. There are very serious consequences if you are charged with a Felony or Aggravated DUI in the State of Arizona.

A felony or aggravated DUI can be charged if an individual in Arizona meets certain criteria. To be charged with an Aggravated or Felony DUI in Arizona the current DUI would need to be one of the following: the current DUI is the Third DUI charge within seven years, the individual being charged with DUI while his or her license being suspended, or the driver was charged with a DUI while having a child under the age of 15 in the car during the incident.

The Statute of Limitations with a Felony DUI is seven years in Arizona. This means that during this period, the prosecutor can charge you up to seven years after the offense has been committed. However, in some instances, if results from a blood test are not back in time for the court case, the incident may be dismissed. Unfortunately, this doesn't mean the case is gone forever as it can be reinstated within that seven year look-back period of the statute of limitations if it is determined that the BAC is higher than the legal limit of 0.08 and the aggravating factors are still valid.

Since the Felony DUI case can possibly be reinstated, you or your lawyer should perform warrant checks every month to ensure there are no outstanding warrants for your arrest. If there is no warrant within three years from the time you were charged with the offense, chances are higher that you will not be charged at all in spite of the remaining four years.

Another issue to be aware of is if the charge is filed after you have moved to a new address since the charge and you are unable to receive the summons. In this scenario, the summons is brought back to the court and then a warrant for your arrest can be issued. What this means is that you can be pulled over and arrested years later for a routine traffic stop and charged with the DUI based on the outstanding warrant.

If you or someone close to you has been suspected of a DUI in the state of Arizona, you will want to enlist the services of a skilled defense attorney. Contact the Law Offices of David Michael Cantor for a free initial consultation and a free case review.

From the Author: David Michael Cantor

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