FELONY AGGRAVATED DUI (.095 BAC) REDUCED to a misdemeanor DUI with 10 days in jail – State v. Mr. S. (DMC No. 10285) (Maricopa County Superior Court CR2011-108805): Mr. S. was driving in an unfamiliar roadway in Gilbert where two lanes merged into one. When he realized he that was running out of roadway, he slowed to approximately 2 MPH in a 45 MPH zone. An officer pulled him over and subsequently arrested him for DUI. He provided a .095 blood test. We were able to prove to the prosecutor that Mr. S. did not know his license was suspended from a previous DUI, and therefore they lacked a necessary element of AGGRAVATED DUI. We secured an offer to a misdemeanor DUI with 10 days of jail. Originally, Mr. S. was facing 4 months minimum in prison, up to 3.75 years maximum.
