REDUCED | AGGRAVATED DUI (.093 BAC) REDUCED to a misdemeanor DUI with 1 day in jail – State v. Mr. M. (DMC No. 4701) (Maricopa County Superior Court CR2004-038051): Mr. M. was involved in a single-car accident at the US-60 north bound ramp to the 101 freeway. When the officer arrived, there were two people standing outside the vehicle attempting to fix it. He was eventually arrested and provided a breath test which revealed a .093 BAC. Due to the fact that he had a prior DUI and his license was suspended, he was charged with felony AGGRAVATED DUI and was facing 4 months minimum, up to 3.75 years in prison. We were able to convince the prosecutor that they could not prove who the driver was under “Corpus Delicti”, and they agreed to offer a 1st offense misdemeanor DUI with 1 day in jail.
