Q: My husband was just picked up on a warrant for an aggravated DUI that he did not even know about.
A: There was likely a medical blood draw that was used by police to determine the presence of alcohol and/or drugs. Normally a single vehicle collision on its own will not be sufficient to be allege the DUI as aggravated so more information would be needed. The best advice I can give is to consult a criminal defense attorney immediately as it is not a good idea to include too much information on here which is publicly available. Many firms, including mine, will offer a free consultation.
A: Hello and thanks for the question. An aggravated DUI is a felony. Under Arizona law, the statute of limitations for this offense is 7 years. Meaning they have 7 years from the day the crime was discovered to prosecute your husband. Depending on how long the delay was (and the reason for the delay), your husband may have a defense based on the delay. In any event, your husband needs the assistance of an experienced DUI defense attorney. Most attorneys, including myself, offer free initial consultations. Set one up and get some answers. Best of luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.