Early on a Saturday morning in 2008, Matt Tracy was driving his sister Kelly to their high school in Phoenix where they were scheduled to march in a parade. Tragically, it would be the last time Matt would see his sister. Their car was struck almost head-on by Manuel Contreras-Galdean, who was turning left at the time. Contreras-Galdean told police that he had finished six beers before hitting Tracy's car.
That turned out to be only part of the story. Ultimately, authorities learned that Contreras-Galdean was driving with a .19 percent blood-alcohol level, a level more than twice the legal limit of .08. He also tested positive for cocaine. Later, prosecutors would learn that he had been convicted of two DUI charges in the past, one in 2001 and one in 2007, and he had actually spent 10 days in jail after the 2007 conviction.
Contreras-Galdean pled guilty to the charges of manslaughter and aggravated assault, and was sentenced to 14 years in prison and an additional four years of probation. However, at his sentencing, the judge pointed out that Contreras-Galdean faces deportation once he is released from prison, and therefore will most likely never serve the probation period.
Under Arizona law, drivers face harsher penalties for DUI based on several factors, including the number of previous DUI convictions and BAC level at the time of arrest. Generally, Arizona law treats a DUI as a felony if the defendant has been convicted of DUI two or more times in the previous seven years. A driver with a high BAC - .15 and above - will also face heightened penalties.
If you or someone you love has been charged with DUI, contact an experienced DUI attorney. A lawyer experienced in handling Arizona DUI cases can explain your options and help you protect your rights.
