NOT CHARGED | FELONY AGGRAVATED DUI (DMC No. 4245) (San Marcos Justice Court): Mr. C. had a prior DUI approximately 4 years prior to being stopped for this DUI. He failed to appear in Court and a warrant was issued for his arrest, which had suspended his driver’s license. When he was pulled over for this DUI, it became designated as an Aggravated (felony) DUI due to his license suspension. He told the officers he’d only had 3 beers, and they drew his blood. Because of his body weight and the amount of alcohol he’d consumed, we were able to inform the prosecutor that his BAC would be below the legal limit. In addition, we had a good argument as to whether he knew that his license was suspended. Based on this, the Maricopa County Attorney’s Office choose to dismiss the case and not submit it for felony charges. This saved Mr. C. from facing 4 months in prison.
