Aggravated DUI


Aggravated DUI in Arizona

Arizona has some of the toughest penalties for DUI crimes in the nation (link to main DUI page). However, Aggravated DUI in Arizona is considered especially serious and result in a felony charge for even first time offenders.

  • According to A.R.S. 28-1383, anyone convicted of an Aggravated DUI will face mandatory prison time, not jail time, various other stipulations, as well as financial penalties that can exceed $150,000 total depending on the specific circumstances of your case

Being arrested for a felony Aggravated DUI in Arizona offense in Arizona can negatively affect you for the remainder of your life. You will face felony charges, including a lengthy prison sentence, the loss of your firearms privileges, the right to vote, and fines that can cripple your finances permanently.

  • Additionally, you could lose your ability to hold certain social and professional positions, including serving as a doctor, pilot, nurse, lawyer, educator, real estate agent, as well as many government and military positions.

Therefore, if you are arrested for any kind of Aggravated DUI in Arizona, you should immediately consult a reputable attorney with extensive experience defending Aggravated DUI cases in Arizona. You should also choose a DUI lawyer in Phoenix who will aggressively fight to make sure your rights are being upheld at all times.

What Constitutes an Aggravated DUI Charge?

The four scenarios that lead to Aggravated DUI in Arizona charges are:

  • Being arrested for your third DUI crime within a 7 year period of time
  • Being arrested for a DUI with a child under 15 years of age in your vehicle
  • Being arrested for a DUI while operating a vehicle without a mandated ignition interlock device present, or operating a vehicle with an ignition interlock device that has been disabled or tampered with
  • Being arrested for a DUI while you are driving on a suspended, cancelled or revoked license

Although every one of these examples is extremely serious, the fourth scenario is especially tragic for some drivers. This is due to the fact that an unattended minor traffic violation can result in a felony Aggravated DUI charge simply because you neglected a court appearance to resolve the minor charge.

What are the Penalties for a Standard Aggravated DUI Conviction?

If you are a first time Aggravated DUI offender (not relating to felony child endangerment specifically) in Arizona:

  • You face a class 4 felony that includes a mandatory minimum sentence of four months in prison with a maximum possible sentence of 3.75 years in prison, supervised probation, financial penalties that come with fines, court costs, reimbursement for incarceration, as well as the fees to take mandatory drug tests, and the revocation of your license for at least three years after you are released from prison.

If you are a second time Aggravated DUI offender (not relating to felony child endangerment specifically) in Arizona:

  • You face a class 4 felony that includes a mandatory minimum sentence of 2.25 years in prison with a maximum possible sentence of 7.5 years in prison, supervised probation, financial penalties that come with fines, court costs, reimbursement for incarceration, as well as the fees to take mandatory drug tests, and the revocation of your license for at least three years after you are released from prison.

If you are a third time Aggravated DUI offender (not relating to felony child endangerment specifically) in Arizona:

  • You face a class 4 felony that includes a mandatory minimum sentence of 6 years in prison with a maximum possible sentence of 15 years in prison, supervised probation, financial penalties that come with fines, court costs, reimbursement for incarceration, as well as the fees to take mandatory drug tests, and the revocation of your license for at least three years after you are released from prison.

Additionally, you will also be ordered to pay for the installation and maintenance of an ignition interlock device on your vehicle for at least one year, which can increase in length for multiple Aggravated felony DUI offenses.

What is Aggravated DUI Child Endangerment?

If you are first time offender convicted of felony Aggravated DUI in Arizona relating specifically to having a child under 15 years of age in your vehicle, you face:

  • A class 6 felony that includes 2 to 5 years in prison, as well as supervised probation, financial penalties that come with fines, court costs, reimbursement for incarceration, as well as the fees to take mandatory drug tests, and the revocation of your license for at least three years after you are released from jail or prison.
  •  If you have one prior felony conviction, then you face a mandatory prison sentence ranging between .75 years and 2.75 years, plus all other punishments a first time offender faces.
  • If you have two prior felony convictions, then you face a mandatory prison sentence ranging between 2.25 years and 5.75 years, plus all other punishments a first time offender faces.

Additionally, you will also be ordered to pay for the installation and maintenance of an ignition interlock device on your vehicle for at least one year, which can increase in length for multiple Aggravated felony DUI offenses.

Trust Laboy Law DUI Lawyer in Phoenix

Being convicted of an Aggravated felony DUI in Arizona can stop your life in its tracks both personally and professionally speaking. Because of this, it is extremely important to consult a DUI lawyer in Phoenix with proven experience defending Aggravated felony DUI offenses of all types. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing an Aggravated DUI in Arizona, no matter the severity, contact us today for a private, no obligation consultation at 602-777-3368.