NOT CHARGED | FELONY AGGRAVATED DUI (.205 BAC) NOT CHARGED/plead to a misdemeanor DUI with 10 days jail – State v. Mr. A. (DMC No. 6480) (Tempe City Court 06-923898): Mr. A. was pulled over for allegedly swerving on the roadway. He was subsequently arrested for DUI and produced a .205 BAC. He had two prior DUI’s from another State, and his license was suspended in that State. Although he was mistakenly cited into the City of Tempe misdemeanor court, we were able to convince the prosecutor to not route the file to felony court for AGGRAVATED DUI prosecution. Due to the out of State priors and the difficulty of obtaining proof of those priors, the prosecutor offered a 1st offense misdemeanor deal with only 10 days in jail. In the “avowals” of the plea agreement we added language that “the defendant avows he has no prior convictions that the State can prove”.
