FELONY AGGRAVATED DUI (.139 BAC with child in car) REDUCED to a misdemeanor DUI with 10 days jail – State v. Mr. C. (DMC No. 10510) (Maricopa County Superior Court CR2011-158057): Mr. C. was seen by another motorist travelling with two children in his car and weaving on and off the roadway onto the dirt shoulder. The concerned motorist called police and they subsequently pulled over Mr. C. and arrested him. He provided a .139 BAC, and was charged with FELONY AGGRAVATED DUI. We were able to convince the prosecutor that Mr. C. would lose his professional license if he had any type of felony on his record. We were offered a class 6 “open” plea, which was designated an immediate misdemeanor at the time of sentencing. Mr. C.’s professional license was not affected, and he has no felony conviction on his record.
