Understanding Felony Aggravated DUI in Arizona

Arizona takes driving under the influence seriously, and the law has distinct DUI levels to match the level of risk and impairment. Each level has its own set of penalties, building from standard consequences to those that carry life-altering impacts.

Here’s what you need to know about the different DUI levels in Arizona so you can see how offenses escalate quickly.

Standard DUI

For most drivers, a BAC of 0.08% or higher qualifies as a standard DUI. This offense usually starts as a misdemeanor but carries consequences like—fines, potential jail time, license suspension, and mandatory alcohol education courses. 

Extreme DUI

If someone’s BAC hits 0.15% or higher, Arizona classifies it as an extreme DUI. This step up in penalties means longer jail time, higher fines, and mandatory ignition interlock installation on any vehicle the offender drives. 

Super Extreme DUI

For drivers with a BAC of 0.20% or higher, Arizona law defines this as a super extreme DUI. The penalties here are some of the toughest, with substantial jail time, increased fines, and extended ignition interlock requirements. 

Aggravated DUI

An aggravated DUI takes things to a whole new level. This is Arizona’s felony DUI offense, reserved for cases where there are additional risks or repeat offenses, such as driving with a suspended license, accumulating multiple DUIs within seven years, or having a minor in the car. Aggravated DUI charges come with mandatory prison sentences, major fines, and lengthy license suspensions.

Let’s take a closer look at aggravated DUIs, the serious conditions that can elevate a DUI to this level, and the heavy penalties that follow.

In Arizona, certain scenarios elevate a standard DUI to an aggravated DUI, which is treated as a felony offense with heightened penalties. Under Arizona Revised Statutes, Section 28-1383, a DUI becomes aggravated when any of the following conditions apply:

1. Driving on a Suspended, Revoked, or Restricted License

• If a person is operating a vehicle while their driver’s license or driving privilege is suspended, canceled, revoked, or restricted due to a prior DUI offense, any new DUI violation (under Sections 28-1381 or 28-1382) will be charged as aggravated.
2. Third or Subsequent DUI Offense Within 84 Months

• A third DUI offense within 84 months (or seven years) counts as aggravated DUI. This includes any combination of prior DUI convictions under Arizona law or equivalent DUI offenses in other states.
3. Driving Under the Influence with a Minor in the Vehicle

• Operating a vehicle under the influence with a passenger under the age of 15 in the vehicle constitutes aggravated DUI, regardless of whether it’s a first offense.
4. Failure to Use a Required Ignition Interlock Device

• If an individual is required by law or court order to install and use an ignition interlock device on their vehicle and commits a DUI while not using the device as required, it results in an aggravated DUI charge.
5. Driving the Wrong Way on a Highway

• Committing a DUI while driving against the legal flow of traf

Under Arizona law, the penalties for aggravated DUI convictions vary depending on the specific aggravating factors involved and are generally classified by the type of felony:

1. Class 4 Felony Penalties for Aggravated DUI

• Minimum Prison Sentence: For most aggravated DUI offenses (including driving with a suspended or revoked license, having three or more DUIs within 84 months, driving the wrong way, or failing to use a required ignition interlock device), the offense is classified as a Class 4 felony. Convicted individuals face:
• Mandatory Minimum of 4 Months in Prison: This is required for offenders with prior DUIs. Some may be eligible for probation only after completing the prison term.
• Fines and Fees: Minimum fines start at $750, with additional mandatory assessments totaling over $3,250, including payments to the DUI abatement fund, the prison construction fund, and the public safety equipment fund.
• License Revocation: The Arizona Department of Transportation (ADOT) will revoke the offender’s driver’s license for a minimum of one year.
• Ignition Interlock Device: Offenders must install a certified ignition interlock device on any vehicle they operate for at least one year following license reinstatement.
• Alcohol/Drug Education and Treatment: Convicted individuals must complete approved alcohol or drug screening and treatment programs.
2. Class 6 Felony Penalties for Aggravated DUI with a Minor in the Vehicle

• Minimum Jail Sentence: For aggravated DUI offenses involving a minor passenger under 15 years old, the offense is categorized as a Class 6 felony with the following penalties:
• Minimum Incarceration: Jail time aligned with penalties for regular DUI charges under Section 28-1381 or extreme DUI under Section 28-1382.
• License Revocation: Similar to other aggravated DUI offenses, the individual’s license will be revoked for at least one year.
• Ignition Interlock Requirement: Following license reinstatement, offenders must install an ignition interlock device on any vehicle they operate.
• Substantial Fines: Class 6 felony aggravated DUIs also carry significant fines and additional fees to support various state funds.
3. Repeat Aggravated DUI Offenders (84-Month Rule)

• Mandatory Prison Term: If the individual has three or more prior DUI convictions within an 84-month period, the penalties increase, including a mandatory minimum prison term of 8 months with no possibility of probation, pardon, or commutation until this period is served.
• Ineligibility for Early Release: Repeat offenders cannot qualify for early release, work release, or any form of sentence commutation until the full term is served.
4. Additional Mandatory Penalties for Aggravated DUI Convictions

• Traffic Survival School: Convicted individuals are required to complete an approved traffic survival course.
• Assessment Fees: Along with fines, offenders are assessed fees that contribute to state programs and funds, such as DUI abatement, prison construction, and public safety equipment funds.

Alcohol and Drug Treatment: Every aggravated DUI conviction includes a mandate for screening, education, or treatment related to alcohol or drug use, with incarceration possible if the offender fails to comply with these requirements.

Given the serious impact of an aggravated DUI conviction, working with a skilled DUI defense attorney in Arizona can make a world of difference. Felony DUI cases demand strong legal knowledge, as the penalties can be life-changing and challenging to face alone.

Christian Lueders of Guardian Law is a dedicated DUI attorney who brings years of experience and a background in criminal prosecution to each case. His proven defense strategies and commitment have earned him respect from clients and peers alike.

Choosing an attorney who truly understands DUI laws in Arizona can help lessen penalties and guide you through this difficult process. For those facing DUI charges, Guardian Law provides support from day one, defending clients’ rights and exploring every option to achieve the best possible outcome.