Aggravated Felony DUI in Arizona
If you are facing an aggravated felony DUI charge in Arizona, the stakes are extremely high. Prosecutors in Pima County and throughout the state treat these cases seriously and often seek harsh penalties. Having an experienced Tucson DUI defense attorney can make the difference between years in prison and a reduced outcome.
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If you are facing an aggravated felony DUI charge in Arizona, the stakes are extremely high. Prosecutors in Pima County and throughout the state treat these cases seriously and often seek harsh penalties. Having an experienced Tucson DUI attorney can make the difference between years in prison and a reduced outcome.
When a DUI Becomes a Felony in Arizona
Under A.R.S. § 28-1383, a standard DUI can be elevated to a felony (known as an aggravated DUI) in several situations:
- DUI while driving on a suspended, revoked, or restricted license
- Three DUI convictions within seven years
- DUI with a minor under 15 years old in the vehicle
- DUI while ordered to have an ignition interlock device installed
These cases may also come with additional charges such as criminal damage if property was harmed, or aggravated assault if someone was injured.
Felony Aggravated DUI Penalties
Most aggravated DUI charges are classified as class 4 felonies. Convictions carry severe penalties, including:
- Class 4 felony aggravated DUI: Mandatory minimum of 4 months in prison as a condition of probation, up to 10 years of probation, and a sentencing range of 1 to 3.75 years in prison if probation is not granted (presumptive sentence: 2.5 years).
- Class 6 felony aggravated DUI: This typically applies to cases with a minor under 15 in the vehicle. Penalties range from probation with possible jail time to 3 months–2 years in prison (presumptive sentence: 1 year).
Defending Against an Aggravated DUI Charge
No two cases are the same. A strong defense strategy depends on the specific facts of your case. Possible defenses may include:
- Challenging the legality of the traffic stop
- Disputing the accuracy of breath or blood test results
- Demonstrating lack of impairment at the time of driving
- Exposing violations of constitutional rights, such as unlawful searches or seizures
Our firm builds defenses tailored to your situation, with the goal of reducing charges, avoiding mandatory prison, or achieving dismissal where possible.
Speak With a Tucson DUI Attorney
If you or a loved one has been charged with aggravated felony DUI in Arizona, do not face the system alone. Learn more about our defense approach on the DUI Attorney Tucson page, or contact us directly for a free consultation today.
FAQs About Aggravated DUI in Arizona
Is aggravated DUI always a felony?
Yes. By definition under Arizona law, aggravated DUI charges are felonies, either class 4 or class 6 depending on the circumstances.
Will I lose my driver’s license?
Yes, an aggravated DUI conviction comes with lengthy driver’s license revocation, often at least one year, in addition to possible prison or probation terms.
Can an aggravated DUI be reduced to a misdemeanor?
It is difficult, but in some cases charges can be reduced through plea negotiations or successful challenges to the evidence.
What if this is my first DUI?
A first-time DUI can still be aggravated if it meets one of the statutory conditions, such as driving with a suspended license or a child passenger under 15 years old.