In Arizona, driving under the influence (DUI) is a severe violation of the law. Consequently, the penalties for a DUI conviction should be taken seriously. Individuals with multiple DUI charges or convictions on their record can be charged with a felony, especially when there are other aggravating factors involved in the commission of a DUI violation.
Facing the potential penalties of a felony charge like aggravated DUI can be overwhelming. We highly recommend obtaining legal counsel from a seasoned aggravated DUI attorney adept at handling DUI cases.
With a proven track record of successfully representing clients in felony cases involving DUI, the team at The Valley Law Group provides skilled legal representation across Arizona. If you need a formidable Phoenix aggravated DUI attorney by your side, we have a wealth of legal knowledge that can prove indispensable when mounting a solid felony aggravated DUI defense.
What Is an Aggravated DUI?
It is a crime to operate a motor vehicle under the influence of alcohol or drugs or a combination of both (DUI) across the United States.
Despite this congruence, each state charges a DUI differently. When facing a DUI charge in Arizona, it is critical to have the support of a local attorney who is knowledgeable about state-specific DUI laws and can answer questions like, “What are the different DUI charges?” or “What is aggravated DUI?”
Arizona defines three different categories of DUI charges: DUI, extreme DUI, and aggravated DUI.
DUI
Under statute ARS 28-1381, it is a crime to operate a motor vehicle or be in control of a motor vehicle with a blood alcohol level (BAC) above 0.08 or under the influence of intoxicating liquor or a drug that causes impairment or a combination of both.
A DUI charge is a Class 1 misdemeanor and carries a potential sentence of no less than ten consecutive days in confinement and a fine of at least $1,250.
Extreme DUI
A person may be charged with an extreme DUI if their BAC is above 0.15. As a class 1 misdemeanor, an extreme DUI may lead to a minimum of 30 days in jail, a fine of at least $2,500, and a license suspension of up to 90 days.
Aggravated DUI
The most grave of the DUI charges, an aggravated DUI, is a felony in Arizona.
A person who a law enforcement official lawfully detains could be charged with an aggravated DUI if they were found in violation of ARS 28-1381 (DUI) or ARS 28-1382 (extreme DUI) while operating a motor vehicle and also had one or more of the following aggravating factors:
- A suspended, canceled, revoked, or restricted driver’s license
- A third or subsequent violation within an 84-month (approx. 7-year) period
- A passenger under the age of 15 in the vehicle
- A certified ignition interlock device (IID) installed in the vehicle
- Driving on the incorrect side of the highway
As a felony charge, the potential consequences of an aggravated DUI conviction in Arizona should not be taken lightly. To get the most optimal result following a felony aggravated DUI charge, you should contact a qualified attorney right away.
Felony Classifications for Aggravated DUI in Arizona
Arizona law considers aggravated DUI a violent crime due to the economic and social impact associated with the crime. Aggravated DUI is thus classified as a felony.
Felony classifications in Arizona provide courts with sentencing guidelines on convictions for various crimes. When a statute does not specify the minimum sentence for a crime, the offense may be classified under a felony class, which has a corresponding suggested minimum, maximum, mitigated, presumptive, and aggravated sentence for confinement.
Class 1 felonies are more serious and receive potentially longer jail sentences, while Class 6 felonies are the least grave of felonies and thus carry lower potential jail time.
Aggravated DUI cases in Arizona can be charged as a Class 4 felony or a Class 6 felony, depending on the circumstances of the offense.
A Class 4 felony aggravated DUI is charged when a person violates ARS 28-1381 or ARS 28-1382 and:
- They are driving without a valid driver’s license or with a restricted license.
- They have had three or more DUI convictions within 7 years
- They are driving with an IID
- They are driving on the wrong side of a highway.
An aggravated DUI is charged as a Class 6 felony if a minor under the age of 15 is in the vehicle while a person has violated ARS 28-1381 and 28-1382.
What Are the Penalties For an Aggravated DUI in Arizona?
The penalties for an aggravated DUI in Arizona depend on the felony class, as well as whether the crime is a first-time offense or not. Judges make their decisions based on sentencing guidelines from the state, as well as any mitigating or aggravating circumstances.
Mandatory Prison Sentences For an Aggravated DUI
The following are the potential jail sentences under ARS 13-702 for an aggravated DUI in Arizona if it is a first offense:
- A Class 6 felony aggravated DUI is subject to a minimum of .5 years in jail and a maximum of 1.5 years. If there are aggravating factors, your sentence may reach up to 2 years of jail time. Mitigating factors may reduce a jail sentence to .33 years.
- A Class 4 felony aggravated DUI may lead to a mitigated sentence of 1 year and a sentence of 3.75 years if the judge finds aggravating factors.
For repeat felony aggravated DUI offenders, the mitigating sentence for a Class 6 and Class 4 felony is 2.25 years and 6 years, respectively. The aggravated sentence for a repeat offender can be up to 5.75 years for a Class 6 felony and 15 years for a Class 4 felony.
Additional Consequences of a Felony Aggravated DUI
Confinement is not the only penalty that a person convicted of a DUI offense may face. There are additional consequences that can impact their life following time in jail.
- Fines – A potential minimum fine of $4,000 for an aggravated DUI may be ordered by a judge.
- Revoked License – A license may be revoked by Arizona’s Motor Vehicle Division (MVD) for up to one year following an aggravated DUI conviction.
- Certified Ignition Interlock Device – A person convicted of aggravated DUI may be required to have a certified ignition interlock device fitted in their vehicle for up to 12 months.
- Loss of Certain Civil Rights – A person convicted of a felony, including aggravated DUI, may lose their right to possess a firearm under ARS 13-3101 until the completion of their sentence, including probation. A person may also temporarily lose their voting rights in Arizona.
- Criminal Record – Once you are convicted of a felony, the conviction becomes part of your criminal record. A criminal record may limit your ability to obtain housing and employment, for which criminal background checks are typically required.
- Education and Treatment – Depending on the circumstances of your case, you may be required to participate in driver safety educational training and take part in substance abuse or alcohol abuse treatment programs before your driving privileges can be restored.
- Community Service – A county court judge may mandate community service following an aggravated DUI conviction.
Being convicted of an aggravated DUI can have a lasting impact on your life. You should speak with an aggravated DUI lawyer who may be able to help reduce potential penalties and consequences for your situation.
Common Defenses for Felony Aggravated DUI
A law enforcement officer who suspects a person of driving under the influence of alcohol or drugs may arrest them during a lawful stop. If you find yourself in this position, it is essential that you contact a Phoenix aggravated DUI attorney or a skilled Arizona criminal defense lawyer who has defended clients against DUI charges.
During an arraignment, a suspect is presented with charges in front of a court judge and asked to enter a plea deal. An attorney should advise their client whether taking a plea deal is the most ideal decision in this case or if it is better to go through a trial.
In many circumstances, it is beneficial to go to trial when charged with an aggravated DUI, especially since the potential consequences of a felony conviction are serious.
A skilled attorney may employ a number of felony aggravated assault defense strategies to help lead their client to a win in court or to produce the most favorable result for the client, including:
- Contending that a stop was unlawful or that police conduct was unwarranted.
- Showing that a drug was legally prescribed by a physician.
- Demonstrating errors in the administration of the breathalyzer test or other physical and chemical tests.
- Arguing a client is being overcharged and should be subject to a misdemeanor instead.
- Highlighting additional procedural errors related to evidence.
The optimal defense strategy should be informed by the evidence and circumstances of the case, and it is up to a knowledgeable DUI attorney with an understanding of Arizona aggravated DUI law to build the most appropriate defense possible.
Why Hire an Aggravated DUI Attorney?
You should not handle an aggravated DUI charge on your own. Unlike a regular DUI or an extreme DUI charge, the consequences of a felony aggravated DUI charge and possible conviction warrant the help of an aggravated DUI attorney.
A criminal defense lawyer who has years of practice helping clients with aggravated DUI charges brings a breadth of knowledge that can be indispensable to helping you obtain the ideal outcome in the following ways:
- They understand Arizona DUI law. DUI laws are different across the US, and a felony DUI charge is different from a misdemeanor charge. A seasoned Arizona aggravated DUI attorney is equipped to understand what each charge entails.
- They understand how Arizona courts work: Having a track record of representing clients in Arizona courts gives an Arizona DUI attorney the advantage of knowing how to navigate the local court systems and what to expect from judges and court officials.
- They are skilled at presenting a defense. DUI attorneys are trained to handle criminal defense cases and know the proper way to investigate a case, provide valid objections, and present arguments in front of a jury during a criminal trial.
- They can effectively advocate for you. Experienced DUI attorneys are able to put your interests above all else as they negotiate the most favorable deal for you.
The attorneys at The Valley Law Group bring a depth of knowledge and skills in handling aggravated DUI cases. We are deeply committed to providing tailored solutions for each of our clients.
Felony Aggravated DUI Defense FAQs
It can be overwhelming to navigate the criminal justice system on your own due to the complexity of the law. There are plenty of questions that may arise when you or someone you love has been arrested for a felony aggravated DUI arrest. Here are some of the most common ones our firm receives.
Get the Assistance of a Seasoned Arizona Aggravated DUI Attorney Today
Once a person is convicted of an aggravated DUI, they are facing more than just time in jail. They are subject to restrictions on their driving, limitations on their work and living options, and fines that can seriously affect their finances. Getting legal guidance from the start is imperative if charged with an aggravated DUI.
With four locations across the Phoenix metropolitan area, The Valley Law Group has been representing clients for years with an ethical and vigorous approach to defending them against aggravated DUI charges.
Let us assist you with your case. Schedule a consultation with one of our DUI defense attorneys today.
Sources:
- Arizona DUI Laws
Arizona Department of Transportation. (2024). Driving under the influence (DUI). Retrieved December 18, 2024, from https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui - Ignition Interlock Devices
Arizona Department of Transportation. (2024). FAQ ignition interlock. Retrieved December 18, 2024, from https://azdot.gov/mvd/services/driver-services/ignition-interlock/faq-ignition-interlock#:~:text=Certified%20Ignition%20Interlock%20Device%20(CIID,required%20at%20intervals%20while%20driving - Drive Sober Campaign
Arizona Governor’s Office of Highway Safety. (2024). Drive sober or get pulled over. Retrieved December 18, 2024, from https://gohs.az.gov/highway-safety-programs/impaired-driver-training/drive-sober-or-get-pulled-over - Arizona Revised Statutes § 28-1381: DUI
Arizona Legislature. (2024). Arizona Revised Statutes § 28-1381: Driving under the influence. Retrieved December 18, 2024, from https://www.azleg.gov/ars/28/01381.htm - Arizona Revised Statutes § 28-1382: Extreme DUI
Arizona Legislature. (2024). Arizona Revised Statutes § 28-1382: Extreme DUI. Retrieved December 18, 2024, from https://www.azleg.gov/ars/28/01382.htm#:~:text=A%20person%20who%20is%20convicted,extreme%20influence%20of%20intoxicating%20liquor - Arizona Revised Statutes § 28-1383: Aggravated DUI
Arizona Legislature. (2024). Arizona Revised Statutes § 28-1383: Aggravated DUI. Retrieved December 18, 2024, from https://www.azleg.gov/ars/28/01383.htm - DUI Penalties
Arizona Legislature. (2024). Arizona Revised Statutes § 28-1385: DUI penalties. Retrieved December 18, 2024, from https://www.azleg.gov/ars/28/01385.htm - Arizona Sentencing Guidelines
Arizona Legislature. (2024). Arizona Revised Statutes § 13-701: Sentencing. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/00701.htm - Misdemeanor Sentencing
Arizona Legislature. (2024). Arizona Revised Statutes § 13-702: Misdemeanor sentencing. Retrieved December 18, 2024, from https://www.azleg.gov/ars/13/00702.htm - Setting Aside Judgments
Maricopa County Superior Court. (2024). Criminal court: Setting aside a judgment. Retrieved December 18, 2024, from https://superiorcourt.maricopa.gov/ll/criminal/#:~:text=To%20%E2%80%9Cset%20aside%E2%80%9D%20a%20judgment,an%20expungement%20or%20a%20sealing
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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