27Aug/10Off
What constitutes an Aggravated DUI in Phoenix, AZ?
I've read conflicting information on whether it's three DUIs within 5 years, or three within 7 years. Does anyone (possibly an attorney) have any any definite knowledge of which it currently is?
August 27th, 2010 - 08:55
It used to be that your third within 5 years could be aggravated. However, it is now 7 years..
Here’s the language of the current statute….
ARS 28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.