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Aggravated DUI

What Are Arizona Aggravated DUI Laws?

It is illegal to drive or operate a vehicle in Arizona if your BAC is 0.08% or higher. Any person who violates this law will be arrested and charged with DUI.

There are, however, certain circumstances that could enhance your criminal charges to aggravated DUI.

Your criminal charges may be enhanced to an aggravated DUI if the following is true:

  • A minor under the age of 15 was in the vehicle when you were arrested;
  • You were operating a vehicle on a suspended or revoked license;
  • You caused an accident that resulted in property damage, bodily injury, or death;
  • You have been charged with more than three DUIs within the past seven years;
  • You have prior criminal offenses on your record.

Aggravated DUI Arizona Convictions Penalties

In Arizona, an Aggravated DUI (ARS 28-1383) is a Felony DUI Charge and if you are found guilty will get you mandatory prison time, not jail time.

All the penalties and consequences for a first time Aggravated DUI are given an aggravated DUI Arizona sentence as follows:

  • Mandatory minimum of 4 months in prison;
  • Substance Abuse Screening, Counseling, and Treatment;
  • Installation of an Ignition Interlock Device for several years, at approximately $100 a month;
  • Driver’s license revoked for 3 years;
  • SR22 High Risk Insurance for at least 3 years;
  • Likely increase in Car Insurance Premiums;
  • Fines and fees in excess of $4,500.

The driver facing an Aggravated DUI is also at risk of losing their professional licenses, such as a doctor, nurse, or lawyer. Professionals with an SEC license, such as real estate agents, government or military employees also risk losing their job if they are convicted of an Aggravated DUI. The driver also loses their right to vote and the right to own a gun.

If convicted of a second felony Aggravated DUI or Aggravated DWI during any time in your life (or if you have one (1) allegeable historical non-Aggravated DUI felony conviction), you will be subject to a mandatory minimum of two and one quarter (2.25) years in PRISON along with the other penalties outlined above. The maximum can be seven and one half (7.5) years in PRISON!

Aggravated DUI

Additional Penalties for Aggravated DUI in Phoenix, Arizona

If sentenced to Aggravated DUI, the following fines will be assessed:

  • Aggravated DUI (Class 6 felony child in car) — $4,670;
  • Aggravated DUI (Class 4 felony license suspended or the third strike) – $4,670.

Ignition Interlock Device

People convicted of Misdemeanor DUI, Extreme DUI, Super Extreme DUI, and Aggravated DUI all have to install a certified ignition interlock device in their vehicles for a period of time ranging from 6 to 24 months.

  • Aggravated DUI (Class 6 felony kid in a car) — Interlock Requirement for 2 years following license revocation;
  • Aggravated DUI (Class 4 felony) – Interlock Requirement for 2 years following license revocation.

Drivers License Suspensions

If convicted of Aggravated DUI your the ramifications to your driver’s license will be as follows:

  • Aggravated DUI (Class 6 felony kid in a car) — license revocation;
  • Aggravated DUI (Class 4 felony) – 3-year license revocation.

Possible Defenses to Aggravated DUI in AZ

If you have been arrested or charged with aggravated DUI, there is still hope. Our Aggravated DUI lawyers can help you understand your various options for a possible defense to your charges.

Depending on your exact circumstances, possible defenses may include:

  • Questioning whether law enforcement violated your constitutional rights at any point during the initial traffic stop;
  • Examining police procedure before, during, and after the arrest in order to determine if mistakes were made;
  • Challenging the validity of the breath, blood, or other chemical tests used to determine your blood alcohol concentrate (BAC);
  • Determining whether field sobriety tests were used and, if so, if they were administered correctly and according to accepted standards;
  • Identifying any unlawful or improper procedures involved in the arrest, such as an illegal sobriety check point or detainment.

Our Phoenix aggravated drunk driving attorneys have a proven track record of success in DUI cases, and we are prepared to assist you at every stage of the legal process. We work quickly and efficiently in our efforts to help our clients preserve their freedom, and defend their rights.


Why You Need Phoenix Aggravated DUI Attorneys?

It is important to remember that just because you have been criminally charged with an Aggravated DUI in Arizona, it does not mean that you have been convicted. There are steps that you can take to defend your rights and there are defenses that can be utilized to help protect yourself against criminal penalties.

For example, what if you were subjected to an unlawful police stop? While most people don't realize it, the truth is that not every traffic stop is lawful. If there was no probable cause to pull you over, the validity of the entire arrest can be put into question.

Our team of Aggravated DUI lawyers has successfully defended hundreds of clients who have been charged with this crime and are not afraid to negotiate or stand up to the prosecution.

Our entire legal team understands that being charged with any kind of DUI can be a frightening, overwhelming, and stressful experience, but it is also something that you do not have to go through alone.

Contact Gilbert DUI Defense Attorneys Near You Today!

Our firm is committed to providing each client with personalized attention, time, effort, and dedication throughout their entire case to help each defendant navigate this difficult time.

Above all, we work hard to fight against DUI charges and to help give you the maximum opportunity to win your case!


Is an aggravated DUI a felony in Arizona?

Aggravated DUI is a serious class 4 felony in the state of Arizona. How does a case become a felony DUI? It can be for a reason as simple as an unpaid ticket that suspended your license unknowingly and then you are arrested for DUI resulting in felony charges.

Can an aggravated DUI be reduced?

Yes, they absolutely can. Obviously, the starting point for a felony defense is to fight the reason for the aggravation. A lot of our clients will also have significant mitigation material, so we can talk about the extenuating circumstances that they have going on in their lives.

What is the difference between DUI and aggravated DUI?

Aggravated DUI vs. Regular DUI has nothing to do with the level of your BAC. An aggravated DUI occurs when a person commits a regular DUI with some other “aggravating” circumstance, such as having a suspended license or when a child is in the car.


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Regular Phoenix DUI or DWI

A regular DUI is considered driving with a BAC of 0.08-0.14% or driving with a controlled substance in your bloodstream.

Penalties include:

  • Undergoing a substance abuse screening assessment;
  • Completing substance abuse treatment program;
  • Serving 10 consecutive days in jail and payin g jail costs;
  • An additional 9 days in jail will be suspended if the substance abuse program is completed;
  • $250 fine plus any surcharge;
  • $500 State Prison Construction and $500 State General Fund payments.

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Contact Phoenix DUI Attorneys Today

Even a first-time DUI in Gilbert is a serious criminal offense that comes with a variety of penalties. Fortunately, it may be possible for you to mitigate the penalties you might face by working with a dedicated lawyer for a first-time DUI. Call us today to speak with our trusted legal team and learn how we could potentially help you with your case.

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