ARS 28-1383 Aggravated DUI click for a free consultation

Posted on February 27, 2025 in Arizona Revised Statutes,BAC,DUI

While a typical DUI in Arizona is a misdemeanor, there are a few circumstances where driving under the influence of alcohol or drugs can become a felony-level charge, also known as an “aggravated DUI” under Arizona Revised Statutes (ARS) 28-1383.

In this post, we examine aggravated DUI in Arizona, the possible penalties, and potential defenses. To get elite legal defense for your DUI charge, call Rosenstein Law Group at (480) 248-7666 or use our contact form.

What is an Aggravated DUI?

ARS 28-1383(A) lays out the five ways that an ordinary misdemeanor DUI can turn into an aggravated DUI. In the order in which the statute lists them, these felony DUI charges are:

• Driving under the influence while your driver’s license is revoked, suspended, canceled, or refused.
• Being convicted of a third DUI offense within 84 months of the violation date for the two existing DUI convictions. (This includes DUI convictions in other states in most circumstances but there are exceptions)
• DUI while a child passenger under the age of 15 is in the car with you.
• DUI while you are required to have an ignition interlock device installed in the vehicle you are driving.
• DUI while driving the wrong way on a highway. This does not involve crossing a median or an accident in which a vehicle comes to rest facing the wrong way.

What are the Penalties for Aggravated DUI in Arizona?

The fundamental difference between an aggravated DUI and a misdemeanor DUI is its felony status. A felony offense can result in a sentence of incarceration for more than one year, and the place of incarceration is an Arizona state prison instead of a municipal or county jail.

Other differences between an aggravated DUI and a misdemeanor one are that the financial penalties for a felony are significantly costlier, and the long-term consequences of having a felony conviction on your public record are also more severe.

Within the offense of aggravated DUI, the kinds of felony-level punishments vary depending on the underlying circumstances of the charge.

All but one of the five kinds of aggravated DUI offenses in Arizona are class 4 felonies under ARS 28-1383(O). The one exception is having a passenger under age 15 with you, which is a class 6 felony.

The table below details the felony Arizona aggravated DUI penalties you might receive.

Felony DUI Penalty Type	Prison Sentence	Fines and Penalties
Class 4 Felony First Offense	Mandatory Minimum 4 months in prison	Minimum $4,000
	Mitigated sentence of one year
	Minimum sentence of 1.5 years
	Presumptive sentence of 2.5 years
	Maximum sentence of 3 years
	Aggravated sentence up to 3.75 years
Class 4 Felony Second Offense	Mitigated sentence of 2.25 years	Minimum $4,000
	Minimum sentence of 3 years
	Presumptive sentence of 4.5 years
	Maximum sentence of 6 years
	Aggravated sentence up to 7.5 years
Class 6 Felony First Offense	Mitigated sentence of four months	Minimum $4,000
	Minimum sentence of six months
	Presumptive sentence of one year
	Maximum sentence of 1.5 years
	Aggravated sentence of up to two years
	Under some circumstances, a Class 6 felony can be reduced to a Class 1 Misdemeanor which would carry jail rather than prison
Class 6 Felony Second Offense	Mitigated sentence of .75 years	Minimum $4,000
	Minimum sentence of 1 year
	Presumptive sentence of 1.75 years
	Maximum sentence of 2.25 years
	Aggravated sentence up to 2.75 years

Note for Class 4 Felony charges: No eligibility for probation, pardon, commutation, or suspension of sentence or other release until at least four months have been served for:

• Driving with a license that has been revoked, suspended, canceled, or refused
• Two DUI offenses within 84 months (including a DUI conviction in another state)
• Driving the wrong way down a highway
• DUI while you are subject to an Ignition Interlock Device requirement

No eligibility for probation, pardon, commutation, or suspension of sentence or other release until at least eight months have been served for three prior DUI offenses within 84 months.

Notes for Class 6 Felony charges: Time served for a conviction for DUI with a child passenger under age 15 is the minimum term for the type of underlying DUI offense (misdemeanor, extreme DUI, or super extreme DUI).

In addition to the above penalties, you are also subject to sanctions including:

• License revocation by the Arizona Motor Vehicle Division for up to one year.
• A requirement to install an ignition interlock device into any vehicle you drive, for up to one year.
• Required attendance for alcohol and substance abuse education and training before your driving privileges can be restored to you.
• A possible community service requirement.

If you are found guilty of Arizona aggravated DUI, you can also face additional long-term consequences because a felony conviction stays on your public record. This means that anyone who looks up your record may be unwilling to offer you employment or agree to rent you an apartment.

If you have an Arizona professional license, you will almost certainly lose that license. You may also lose the right to purchase or possess a firearm and other “deadly weapons” (as defined by A.R.S. 13-105) in Arizona.

What are Defenses to Aggravated DUI Charges?

Possible defenses to an aggravated DUI charge in Arizona are the same as those for any other DUI arrest. These include:

• The police officer lacked reasonable suspicion to initiate a traffic stop on you.
• The police officer lacked probable cause to arrest you for felony DUI charges.
• You were not in actual physical control of the vehicle.
• The police officer did not inform you of your constitutional rights, like the right to remain silent or to have an attorney with you during custodial questioning, or violated those rights.
• The police officer did not follow proper procedures in administering blood alcohol concentration (BAC) test sampling or field sobriety tests.
• The police officer who made the arrest filed an inaccurate or false police report.
• The police mishandled evidence gathered against you while it was in their chain of custody.

Have You Been Charged with Aggravated DUI Charges in Arizona?

The consequences of being convicted for an aggravated DUI in Arizona, including mandatory prison time, fines and assessments, driver’s license suspension and revocation, probation, and monthly probation fees, are so severe that having a top-tier DUI attorney to represent you is critical.

Rosenstein Law Group has the only two board-certified DUI Defense attorneys in Maricopa County and the two of only four in the entire state of Arizona.

Our team of DUI attorneys has over 150 years of combined legal experience. You can rely on us to do everything in our power to provide you with the best possible results.

Reach us 24/7 by calling (480) 248-7666 or using our contact form. We offer free consultations for your DUI case.