What is an Arizona Felony Aggravated DUI?

There are different types of DUIs in Arizona, including a regular DUI, an extreme DUI, and even a Super Extreme DUI. Up to the super extreme level, these DUIs are classified as a class one misdemeanor. Moreover, if you are charged with a second DUI then your penalties will be even harsher. In addition, there is one DUI that goes beyond the scope of the misdemeanor stage to either class 4 or class 6 felonies, Arizona calls it an “Aggravated DUI”, which we will discuss further.

Pursuant to Arizona Revised Statutes, Title 28, Chapter 4, Article 3, 28-1383, an aggravated DUI is charged to any person who commits additional violations while driving under the influence of drugs or alcohol.

These charges are usually noted during the time of the arrest. The other violations may include any or all of the following…

1. ARS 28-1383 (A)(1) — Driving under a Revoked, suspended, or restricted license while under the influence of drugs or alcohol (Class 4 felony).
2. ARS 28-1383 (A)(2) — Under the influence while operating a motor vehicle with prior DUI charges within the past seven years (Class 4 felony).
3. ARS 28-1383 (A)(3) — Driving under the influence with a passenger under the age of 15 (Class 6 felony).
4. ARS 28-1383 (A)(4) — Driving without a required IID (Class 6 felony).
5. ARS 28-1383 (A)(5) — Alcohol consumption influenced person or property damages (accident) (Class 4 felony).

 

Questions about Felony Aggravated DUI?

 

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Serious Penalties for a Felony Aggravated DUI

Being charged with an aggravated DUI is serious business in the state of Arizona as they don’t take kindly to criminal offenses and will seek the maximum punishment for violators. There are multiple factors that contribute to determining the penalties for an aggravated DUI some include; The class of the violations that took place during the arrest, which could be any or all of the above influencers, and if the person was convicted of a felony in the past, no matter what it was for or where it was obtained. The more offenses a person has on their record, the more severe their punishment will be.

Note: The sentence on Class 4 aggravated DUI involving an Ignition Interlock Device (IID), does not state a minimum sentence, so the range on that charge is zero days + up to 10 years of probation with up to 3.75 years in jail.

Penalties for First Time Aggravated DUI with No Prior Felony Convictions (Class 4 Felony), §28-1383 (A)

A class 4 felony aggravated DUI for either license issue, 3rd offense, missing IID, or driving the wrong way down a highway with no prior convictions, will result in the following penalties:

• • Sentenced to a minimum of 4 months in jail as a term of probation up to 3.75 years jail and to up to 10 years of probation, per ARS §13-902 (B) (2).

• • Required to pay (estimated) $750 fine, $250 fee, $1,500 prison fund, $1,500 public safety equipment fund, $585 surcharge, and two assessments; one for $13 and the other for $2, totaling about $4,600 in addition to a possible time payment fee plus monthly probation fees usually around $65/month, per ARS §31-467.06.

• • Driver’s license revoked for one year starting at the time of conviction, then revocation packet to reinstate, per ARS §28-1383 (J) (1). Not eligible for a restricted driving permit.

Note: If MVD Records show 2 prior DUI convictions within 7 years, your license will be revoked for 3 years.

• • Mandatory 2-year ignition interlock device installed in the vehicle for alcohol-involved DUI. However, for a DUI involving drugs, it is at the judge’s discretion, but usually, no IID is required, per ARS §28-1383 (M).

Other Punishments for Convicted of a First-Time Felony DUI

• • 8 Points added to MVD record & Traffic Survival School
  • Potential community restitution
  • Alcohol/drug screening & classes, §28-1387 (B)
  • SR22 high-risk insurance
  • DNA taken
  • Victim Impact Panel (MADD)
  • Possible DUI court program
  • Felony is forever allegeable, §13-105 (22) (a) (v)
  • If Aggravated DUI–IID, may have to pay for jail incarceration but can be eliminated or reduced, pursuant to §28-1444.

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Penalties for 2nd Aggravated DUI with One Prior Felony Conviction (any crime) (Class 4 Felony), §28-1383 (A)

A class 4 felony aggravated DUI for either license issue, 3rd offense, missing IID, or driving the wrong way down a highway with one prior felony conviction for any crime, will result in the following penalties:

• • Sentence ranges with one allegeable prior felony: 2.25 to 7.5 years in jail, per ARS 13-703 (B) & (I).

One un-allegeable prior felony: up to 3.75 years in jail (Not probation eligible), per ARS 13-703 (A) & (H).

• • Required to pay (estimated) $750 fine, $250 fee, $1,500 prison fund, $1,500 public safety equipment fund, $585 surcharge, and two assessments; one for $13 and the other for $2, totaling about $4,600 in addition to a possible time payment fee plus monthly probation fees usually around $65/month

• • Driver’s license is revoked for one year starting at the time of conviction, then revocation packet to reinstate, per ARS 28-1383(J) (1). Not eligible for a restricted driving permit.

Note: If MVD Records show 2 prior DUI convictions within 7 years, your license will be revoked for 3 years.

• • Mandatory 2-year ignition interlock device installed in the vehicle for alcohol-involved DUI. However, for a DUI involving drugs, it is at the judge’s discretion, but usually, no IID is required, per ARS §28-1383 (M).

Other Punishments for Convicted of a 2nd Felony DUI

• • Alcohol/ Drug Screening & Classes, per ARS §28-1387(B)
  • Potential community restitution
  • 8 Points were added to MVD Record & Traffic Survival School
  • SR22 High-Risk Insurance
  • DNA taken
  • Victim Impact Panel (MADD)
  • Possible DUI Court Program
  • Felony is forever allegeable, §13-105 (22) (a) (v).

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Penalties for Aggravated DUI with Two or More Prior Felony Convictions (any crime) (Class 4 Felony), §28-1383 (A)

A class 4 felony aggravated DUI for either license issue, 3rd offense, missing IID, or driving the wrong way down a highway with two or more prior felony convictions for any crime, will result in the following penalties:

• • Sentence ranges with two-plus allegeable prior felonies: up to 15 years in jail, per ARS §13-703 (C) & (J).

Two plus un-allegeable prior felonies: up to 7.5 years in jail, per ARS §13-703 (B) & (I).

• • Required to pay (estimated) $750 fine, $250 fee, $1,500 prison fund, $1,500 public safety equipment fund, $585 surcharge, and two assessments; one for $13 and the other for $2, totaling about $4,600 in addition to a possible time payment fee plus monthly probation fees usually around $65/month.

• • Driver’s license is revoked for one year starting at the time of conviction, then revocation packet to reinstate, per ARS §28-1383 (J) (1). Not eligible for a restricted driving permit.

Note: If MVD Records show 2 prior DUI convictions within 7 years, your license will be revoked for 3 years.

• • Mandatory 2-years IID installed in the vehicle for alcohol-involved DUI. However, for a DUI involving drugs, it is at the judge’s discretion, but usually, no IID is required, per ARS §28-1383 (M).

Other Punishments for Convicted of a Felony DUI with 2 Prior Felonies

• • Alcohol/Drug Screening & Classes, per ARS §28-1387 (B)
  • Potential community restitution
  • 8 Points were added to MVD Record & Traffic Survival School
  • SR22 High-Risk Insurance
  • Monthly probation fees are usually $65/month, per ARS §31-467.06
  • DNA taken
  • Victim Impact Panel (MADD)
  • Possible DUI Court Program
  • Felony is forever allegeable, per ARS §13-105 (22) (a) (v).

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Penalties for Aggravated DUI with Child in Car and No Prior Felony Conviction (Class 6 Felony), §28-1383 (A) (3)

A class 6 felony aggravated DUI for having a child in the car; aged 15 years old or younger, while either impaired to the slightest degree, DUI with BAC at or above .080, or any active drug, metabolite, meds, or vapor releasing substance with no prior convictions, will result in the following penalties:

• • Sentence range: 1-day jail (+ up to 10 years of supervised probation) to 2 years jail. MINIMUM: 10 days jail, but 9 may be suspended if successfully completed alcohol classes.
  • Jail term follows statutory requirements for Misdemeanor/DUIs. Can be sentenced for regular, extreme, or super extreme DUI, as well as second-time offenses, if alleged by the prosecutor.
  • Work furlough/work release is eligible if sentenced to jail for more than 1 or 2 days.

Note: Felony can be reduced down to a misdemeanor, under ARS §13-604, even after conviction, but would be Aggravated DUI, Class 1 misdemeanor, with the same fines, fees, & license issues as felony aggravated DUI. Speak with an experienced Phoenix DUI attorney about getting your charge reduced.

• • Required to pay (estimated) $750 fine, $250 fee, $1,500 prison fund, $1,500 public safety equipment fund, $585 surcharge, and two assessments; one for $13 and the other for $2, totaling about $4,600 in addition to a possible time payment fee plus monthly probation fees usually around $65/month.

• • Driver’s license is revoked for one year starting at the time of conviction, then revocation packet to reinstate, §28-1383 (J) (1). Can get restricted IID license with SR22 insurance after 90 days at MVD’s discretion, §28-1381 (O) & §28-1401 & §28-1402. The IID on this license will not count toward the IID requirement for the conviction.

If DUI Drugs, no Ignition Interlock Device (IID), but Judge has the discretion to add it on.

1-year IID for regular alcohol DUI.

2-year IID for extreme DUI.

Other Punishments for Convicted of a Felony DUI with Child in Car

• • Probation up to 10 years
  • Monthly probation fees-usually $65/per month
  • Alcohol/Drug Screening & Classes
  • Possible community restitution
  • 8 Points were added to MVD Record & Traffic Survival School
  • SR22 High-Risk Insurance
  • DNA taken
  • Victim Impact Panel (MADD)
  • Possible DUI Court Program
  • Felony is forever allegeable
  • If aggravated DUI–IID, may have to pay for jail incarceration (can be eliminated or reduced pursuant to §28-1444.

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Penalties for Aggravated DUI with One Prior Felony Conviction (any crime) (Class 6 Felony), §28-1383 (A) (3)

A class 6 felony aggravated DUI for having a child in the car; aged 15 years old or younger, while either impaired to the slightest degree, DUI with BAC at or above .080 or any active drug, metabolite, meds, or vapor-releasing substance with one prior felony conviction for any crime, will result in the following penalties:

• Sentence range with 1 allegeable prior felony conviction: .75 to 2.75 years jail,  per ARS §13-703 (B) & (I).

With 1 un-allegeable prior felony conviction: up to 1.8 years jail (Not probation eligible, per ARS §13-703 (A) & (H)).

• Required to pay a $750 fine, $250 fee, $1,500 prison fund, $1,500 public safety equipment fund, $585 surcharge, and two assessments; one for $13 and the other for $2, totaling $4,600 in addition to a possible time payment fee.

• Driver’s license is revoked for one year starting at the time of conviction, then revocation packet to reinstate, §28-1383 (J) (1).

Revocation for 3 years if prior felony involved DUI.

Can get restricted IID license with SR22 insurance after 90 days at MVD’s discretion. Unless the prior was a felony DUI offense. The IID on this license will not count toward the IID requirement for the conviction.

• 2-year Interlock Device.

If DUI Drugs, no IID, but Judge has the discretion to add it on, §28-1383 (M).

1-year IID for regular alcohol DUI, 28-3319 (D)(1)(a).

2-year IID for extreme DUI, 28-3319 (D)(3)(b).

Other terms:

• Alcohol/Drug Screening & Classes, §28-1387 (B)
• Possible community restitution
• Monthly probation fees-usually $65/month, §31-467.06
• 8 Points were added to MVD Record & Traffic Survival School
• SR22 High-Risk Insurance
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable, §13-105 (22) (a) (v).

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Penalties for Aggravated DUI with Two Plus Prior Felony Convictions (any crime) (Class 6 Felony), ARS 28-1383 (A)(3)

A class 6 felony aggravated DUI for having a child in the car; aged 15 years old or younger, while either impaired to the slightest degree, DUI with BAC at or above .080 or any active drug, metabolite, meds, or vapor-releasing substance with two-plus prior felony convictions for any crime, will result in the following penalties:

• Sentence range with 1 allegeable prior felony conviction: up to 5.75 years jail, §13-703 (C) & (J).

With 1 un-allegeable prior felony conviction: up to 2.75 years jail, §13-703 (B) & (I).

Note: A third or more un-allegeable prior felony convictions each count as an allegeable prior felony conviction, §13-105 (22) (D).

• Required to pay a $750 fine, $250 fee, $1500 prison fund, $1,500 public safety equipment fund, $585 surcharge, and two assessments; one for $13 and the other for $2, totaling $4,600 in addition to a possible time payment fee.

• Driver’s license revoked for one year starting at the time of conviction, then revocation packet to reinstate, §28-1383 (J) (1).

Revocation for 3 years if prior felony involved DUI.

Can get restricted IID license with SR22 insurance after 90 days at MVD’s discretion, §28-1381 (O) & §28-1401 & §28-1402. Unless the prior was a felony DUI offense. The IID on this license will not count toward the IID requirement for the conviction.

• 2-year Interlock Device.

Other terms:

• Alcohol/Drug Screening & Classes, §28-1387 (B)
• Possible community restitution
• Monthly probation fees-usually $65/month, §31-467.06
• 8 Points were added to MVD Record & Traffic Survival School
• SR22 High-Risk Insurance
• DNA taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable, §13-105 (22) (a) (v).

If you are being charged with an aggravated DUI or any DUI, contact the law office of Shah Law Firm today, even if you believe it’s hopeless, talk to us before throwing your hands up. Arja Shah is the founder of Shah Law Firm. She has been helping people just like you to beat their cases, reduce penalties, or even dismiss their charges for over 15 years. There are loopholes and other defenses that can be used in your favor that you may not know about. Let Shah Law Firm help you get through this because they care about all their clients and will see to it that each and every one of them get the best possible outcome.

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Examples of Aggravated DUI Defenses:

• Felony aggravated DUI Reduced to Regular DUI with 5 Days in Jail and then Later Dismissed on “Double Jeopardy Grounds”
• Felony Aggravated DUI Dismissed Due to “Improper Evidence Handling Issue”
• Felony Aggravated DUI Dismissed Due to “Actual Physical Control Issue”
• (4 Counts) Felony Class 4 Aggravated DUI Dismissed in “the Interest of Justice”
• Class 4 Felony Aggravated DUI Dismissed after “Evidentiary Hearing Regarding Unreasonable Stop Motion Granted”
• Felony Aggravated DUI Drugs Dismissed due to “Witness Issue”
• Felony Aggravated DUI Drugs (Marijuana) Dismissed at “Evidentiary Hearing for Carboxy THC Issue”
• Felony Aggravated DUI Dismissed Due to “Valid License Defense”

Contact aggravated DUI defense attorney Arja Shah from the Shah Law Firm now!