Felony Aggravated DUI - Guardian Law Group

Understanding Felony Aggravated DUI in Arizona

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An aggravated DUI in Arizona carries heavy legal consequences, often resulting in life-changing penalties that reach far beyond a standard DUI charge. Arizona law enforces strict sentencing guidelines for aggravated DUI offenses.

A 2023 study found that the average cost of a DUI in Arizona can exceed $10,000 when considering fines, court costs, and legal fees.

For those facing charges, working with a dedicated defense firm like Guardian Law can make all the difference. With experienced attorney Christian Lueders at the helm, Guardian Law provides skilled representation to protect clients’ rights and futures.

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What are the Different Levels of 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.

What is Considered an Aggravated DUI in Arizona?

In Arizona, certain circumstances can elevate a standard DUI to an aggravated DUI, which is classified as a felony and carries significantly harsher penalties. Under Arizona Revised Statutes, Section 28-1383 , a DUI is considered aggravated when any of the following conditions apply:

Driving on a Suspended, Revoked, or Restricted License
If a person operates a vehicle while their driver’s license or driving privilege is suspended, canceled, revoked, or restricted due to a prior DUI offense, any subsequent DUI violation under Section 28-1381 or Section 28-1382 will be charged as an aggravated DUI.
Third or Subsequent DUI Offense Within 84 Months
A third DUI offense within 84 months (seven years) is classified as aggravated DUI. This includes any combination of prior DUI convictions under Arizona law or equivalent DUI offenses from other states.
Driving Under the Influence with a Minor in the Vehicle
Operating a vehicle under the influence with a passenger under the age of 15 constitutes aggravated DUI, even if it is the driver’s first DUI offense.
Failure to Use a Required Ignition Interlock Device
If a person is legally or court-ordered to install and use an ignition interlock device and commits a DUI while failing to use the device as required, the offense is charged as aggravated DUI.
Driving the Wrong Way on a Highway
Committing a DUI while driving against the legal flow of traffic on a highway qualifies as an aggravated DUI under Arizona law.

Penalties for Aggravated Felony DUI Convictions

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:

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 DUI convictions within 84 months, driving the wrong way on a roadway, or failing to use a required ignition interlock device—the offense is classified as a Class 4 felony. Convicted individuals may face the following penalties:
- Mandatory Minimum of 4 Months in Prison: Required for offenders with prior DUI convictions. Some individuals may be eligible for probation only after completing the mandatory prison term.
- Fines and Fees: Minimum fines begin at $750, with additional mandatory assessments totaling more than $3,250, including contributions to the DUI abatement fund, prison construction fund, and 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 and Drug Education or Treatment: Convicted individuals are required to complete approved alcohol or drug screening, education, and treatment programs.

Class 6 Felony Penalties for Aggravated DUI with a Minor in the Vehicle

Minimum Jail Sentence: Aggravated DUI offenses involving a minor passenger under the age of 15 are classified as a Class 6 felony and may include the following penalties:
- Minimum Incarceration: Jail time consistent with penalties for a standard DUI under Section 28-1381 or an extreme DUI under Section 28-1382.
- License Revocation: As with other aggravated DUI offenses, the individual’s driver’s license will be revoked for a minimum of one year.
- Ignition Interlock Requirement: After license reinstatement, offenders must install an ignition interlock device on any vehicle they operate.
- Substantial Fines: Class 6 felony aggravated DUI convictions also carry significant fines and additional fees that support various state programs and funds.

Repeat Aggravated DUI Offenders (84-Month Rule)

Mandatory Prison Term: If an individual has three or more prior DUI convictions within an 84-month period, penalties increase to include a mandatory minimum prison term of 8 months, with no eligibility for probation, pardon, or commutation until the sentence is fully served.
Ineligibility for Early Release: Repeat offenders are not eligible for early release, work release, or any form of sentence commutation until the full prison term has been completed.

Additional Mandatory Penalties for Aggravated DUI Convictions

Traffic Survival School: Convicted individuals are required to complete an approved traffic survival course.
Assessment Fees: In addition to fines, offenders must pay assessment fees that support state programs and funds, including DUI abatement, prison construction, and public safety equipment.

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.

6 FAQS About Felony Aggravated DUI in Arizona

When is a DUI in Arizona Considered a Felony?

A DUI is considered a felony in Arizona if certain aggravating factors are present, such as driving on a suspended license, having a third DUI within seven years, driving under the influence with a minor in the vehicle, or driving the wrong way on a highway. These circumstances elevate a regular DUI to an aggravated DUI, which is charged as a felony in Arizona and carries harsher penalties than a standard DUI offense.

What Does a Felony DUI Mean for Future Charges?

A felony DUI conviction in Arizona is considered a “prior felony,” meaning it could increase penalties for any future criminal offenses. If you’re convicted of another felony DUI in Arizona, you’ll face stricter sentencing due to your prior felony convictions. This prior felony can also impact charges for other offenses, including aggravated assault or drug-related felonies.

How Does a Third DUI Within 7 Years Impact My Charges?

In Arizona, committing a third DUI within seven years automatically escalates the charge to a felony, regardless of BAC level at the time of arrest. This is often referred to as a “third-offense aggravated DUI” and results in mandatory prison time, higher fines, and extended license suspension.

What Type of DUI Offense Is Driving Under the Influence with a Suspended License?

If you’re caught driving under the influence while your driver’s license is suspended, canceled, or revoked, Arizona law automatically treats this as an aggravated DUI offense. This felony DUI charge in Arizona carries mandatory jail time, fines, and potential revocation of driving privileges.

Could a DUI Conviction Affect My Right to Drive After Multiple Offenses?

Yes, Arizona imposes strict consequences on individuals with multiple DUI convictions. If convicted of a felony aggravated DUI, your license will be revoked, and you may be required to install an ignition interlock device on your vehicle once eligible to drive again.

Can a DUI Charge Also Be a Felony for Possession of Marijuana?

Yes, if a DUI arrest in Arizona also involves felony possession of marijuana, it could lead to additional felony charges beyond aggravated DUI. Arizona law categorizes drug possession and DUI as separate offenses, so being charged with a DUI while in possession of marijuana can result in multiple felony charges. This combination often leads to harsher penalties.

Why Hire a DUI Defense Attorney for Aggravated DUI Cases?

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.

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