Aggravated DUI Attorney in Arizona — Led by a Former Judge & Prosecutor
Aggravated DUI Attorney Arizona advocacy is crucial when ARS § 28-1383 turns a DUI into a felony. From MVD hearings to Superior Court, our Tempe-based team guides you through Arizona-specific deadlines, ignition interlock rules, and potential mandatory prison exposure, aiming to protect your record, license, and future.
Arizona Aggravated DUI Law & Penalties
In Arizona, a DUI becomes a felony under ARS § 28-1383. Common bases include driving while your license is suspended, canceled, revoked, or restricted (ARS § 28-1383(A)(1)); a third DUI within 84 months (A)(2); DUI with a passenger under age 15 (A)(3); DUI while an ignition interlock is required (A)(4); and DUI while driving the wrong way on a highway (A)(5). These charges are filed and prosecuted in the county of arrest, typically by the Maricopa, Pinal, Mohave, or Yavapai County Attorney’s Office when the offense occurs in those counties.
Arizona’s felony DUI framework blends Title 28 (transportation) with Title 13 (criminal) sentencing. Many aggravated DUIs are Class 4 felonies; DUI with a child under 15 is a Class 6 felony under ARS § 28-1383(A)(3). For qualifying Class 4 aggravated DUIs, Arizona law imposes a mandatory prison term before probation may be granted, as detailed in ARS § 28-1383(D). License actions flow through ADOT MVD, including administrative suspensions under ARS § 28-1321 (implied consent) and potential revocation following a felony DUI conviction under ARS § 28-3304.
Because aggravated DUI is a felony, your case will move from a city court or justice court to the Superior Court of the county where the arrest occurred. For example, a Tempe felony DUI may originate in Tempe Municipal Court for initial matters and then proceed to Maricopa County Superior Court upon bind-over or indictment. If your arrest involves a high alcohol concentration threshold under ARS § 28-1382, review our Extreme DUI Lawyer hub to understand how prosecutors sometimes layer charges. For broader felony representation needs arising from the same incident, see our Felony Defense Lawyer page, and for general DUI guidance, our DUI Lawyer hub. Complex cases often intersect with other Title 13 offenses, which we address in our Criminal Defense Lawyer resource.
| Aggravated DUI Basis (ARS § 28-1383) | Felony Class | Mandatory Incarceration | License/MVD | Other Arizona Consequences |
|---|---|---|---|---|
| License suspended, canceled, revoked, or restricted (A)(1) | Class 4 felony | At least 4 months in prison before probation eligibility (ARS § 28-1383(D)) | Administrative suspension under ARS § 28-1321; post-conviction revocation under ARS § 28-3304 | Ignition interlock under ARS § 28-3319; vehicle impound authority under ARS § 28-3511 may apply |
| Third DUI in 84 months (A)(2) | Class 4 felony | At least 4 months in prison before probation eligibility (ARS § 28-1383(D)) | MVD revocation action under ARS § 28-3304; implied consent issues under ARS § 28-1321 | Alcohol screening, treatment, and education under ARS § 28-1381(K) cross-referenced conditions |
| DUI with passenger under 15 (A)(3) | Class 6 felony | No 4-month mandatory prison term specified in § 28-1383(D); sentencing under Title 13 | Potential revocation action under ARS § 28-3304; administrative per se under § 28-1385 may be implicated | Interlock per ARS § 28-3319; court-ordered counseling and community service may be imposed |
| DUI while interlock is required (A)(4) | Class 4 felony | At least 4 months in prison before probation eligibility (ARS § 28-1383(D)) | MVD compliance oversight under ARS § 28-3319; possible extended interlock obligations | Proof of compliance required to reinstate driving privileges with ADOT MVD |
| DUI while driving wrong way on a highway (A)(5) | Class 4 felony | Prison exposure under Title 13 sentencing; court considers wrong-way aggravation | Revocation under ARS § 28-3304; administrative issues under ARS § 28-1321 | Potential restitution, treatment, and community service as ordered by Superior Court |
Arizona’s collateral consequences often matter as much as the court sentence. ADOT MVD hearings are time-sensitive; you typically have only 15 days to request a hearing after an implied consent or admin per se notice (ARS § 28-1321 and § 28-1385). Prompt action can preserve your right to contest the suspension while we simultaneously prepare the felony defense in Superior Court.
Oliverson Law by the Numbers
Oliverson Law DUI & Criminal Defense is based in Tempe, steps from Tempe Town Lake at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Our practice is built around Arizona felony DUI litigation and MVD advocacy that align with local court procedures from municipal benches to county Superior Courts statewide.
When an aggravated DUI originates in Tempe, Scottsdale, Mesa, Glendale, or elsewhere in Maricopa County, the case trajectory and sentencing exposure hinge on ARS § 28-1383 and Title 13. Our Tempe location allows efficient filings and court appearances at Maricopa County Superior Court, the Southeast Court Complex in Mesa, and nearby municipal courts as needed for preliminary stages.
Arizona Felony DUI Process
Aggravated DUI cases in Arizona follow rules codified by the Arizona Rules of Criminal Procedure and Title 28. A felony complaint may begin in a municipal or justice court closest to the arrest (for example, Tempe Municipal Court or a Maricopa County Justice Court) and proceed to the county’s Superior Court after a preliminary hearing or grand jury return.
Arrest, Testing, & MVD Deadlines
Post-arrest, officers typically issue an admin per se/implied consent form under ARS § 28-1321 and § 28-1385. Blood draws are governed by ARS § 28-1388. You generally have 15 days to request an MVD hearing through ADOT’s Executive Hearing Office. Preserving that deadline can keep you driving while the felony case proceeds.
Initial Appearance & Release Conditions
The initial appearance occurs under Ariz. R. Crim. P. 4.2. Conditions can include alcohol monitoring, vehicle impound retrieval under ARS § 28-3511 protocols, or ignition interlock compliance. In Maricopa cases, early appearances may occur in a justice or city court before transfer to Maricopa County Superior Court if a felony is confirmed.
Preliminary Hearing or Grand Jury; Arraignment
Felony DUIs typically advance by preliminary hearing (Rule 5.3) or indictment. Upon bind-over, arraignment is set in the Superior Court of the county (e.g., Maricopa County Superior Court, Pinal County Superior Court). At arraignment, the court sets disclosure and pretrial dates consistent with Arizona’s criminal rules.
Motions, Negotiations, Trial, & Sentencing
Defense motions commonly address the stop, detention, implied-consent advisements, and forensic integrity per ARS § 28-1388. Negotiations account for the § 28-1383(D) prison mandate on certain Class 4 aggravated DUIs. Sentencing proceeds under Title 13, with MVD revocation and interlock compliance under ARS § 28-3304 and § 28-3319.
If your case also includes high-BAC allegations, our Extreme DUI Lawyer page explains how ARS § 28-1382 interacts with aggravated counts. For statewide felony representation, see the broader framework on our Felony Defense Lawyer hub, and for standard DUI questions, visit our DUI Lawyer guide.
Oliverson Law DUI & Criminal Defense, 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Fast action protects MVD rights and defenses under ARS § 28-1383. Free consultations available statewide.
Defense Strategies That Fit ARS § 28-1383
Arizona aggravated DUI defense is statute-specific. Our approach is built around the exact subsection charged, the testing method used, and the venue—whether Maricopa County Superior Court or another county Superior Court. Below are representative strategies used in Arizona felony DUI litigation.
Why Our Background Helps
Derek Oliverson is the founder of Oliverson Law DUI & Criminal Defense. He earned a B.S. in Criminal Justice magna cum laude from Southern Utah University and a J.D. with a litigation concentration from Creighton University School of Law. Admitted to the Arizona Bar in October 2009, his Arizona career spans law enforcement and the bench. He served as a police officer in Henderson, Nevada, then as a prosecutor with the Mohave County Attorney’s Office. He later presided as a judge at Page Magistrate Court, which handled 3,000+ cases per year, and at Glendale City Court beginning in 2012, a court that processed 40,000+ cases annually. He left the bench in 2014 and founded this firm in 2016.
Derek’s bench experience at Glendale City Court and his prosecutor background in Mohave County translate directly to aggravated DUI litigation under ARS § 28-1383. Understanding how charging decisions are made and how Arizona courts evaluate probable cause, implied consent, and forensic compliance helps shape targeted motions and negotiations in Superior Court across Arizona.
David Tangren graduated from the University of Arizona James E. Rogers College of Law, where he served as Note and Comment Editor for the International and Comparative Law Journal. He worked as a prosecutor at the Pima County Attorney’s Office, handling matters from misdemeanors through the felony trial team in the Property and Narcotics Bureau. His felony litigation experience complements our aggravated DUI practice statewide.
With a former Mohave County prosecutor and former Glendale City Court judge leading strategy, our team aligns defenses with local practices across Arizona justice and municipal courts at the front end, and with county Superior Court procedure once an aggravated DUI is indicted or bound over.
Arizona Counties & Cities We Handle
We appear in Arizona Superior Courts and related municipal/justice courts statewide. After an aggravated DUI arrest, initial appearances may occur in city or justice court near the stop, with felony proceedings moving to the relevant Superior Court—Maricopa, Pinal, Mohave, Yavapai, and beyond.
Tempe, AZScottsdale, AZMesa, AZGlendale, AZChandler, AZGilbert, AZPeoria, AZSurprise, AZGoodyear, AZBuckeye, AZParadise Valley, AZ
Frequently Asked Questions
Arizona elevates a DUI to a felony under ARS § 28-1383 when certain factors are present: driving while your license is suspended, canceled, revoked, or restricted (A)(1); a third DUI within 84 months (A)(2); a passenger under age 15 (A)(3); DUI while an ignition interlock is required (A)(4); or DUI while driving the wrong way on a highway (A)(5). These cases proceed in the county Superior Court.
Many aggravated DUIs are Class 4 felonies, and Arizona imposes at least 4 months in prison before probation eligibility for convictions under ARS § 28-1383(D) (including (A)(1), (A)(2), and (A)(4)). DUI with a child under 15 is a Class 6 felony (A)(3) sentenced under Title 13. Collateral consequences include ADOT MVD revocation under ARS § 28-3304 and ignition interlock requirements under ARS § 28-3319.
A felony DUI conviction triggers MVD revocation under ARS § 28-3304. Separate administrative actions may start at arrest under ARS § 28-1321 (implied consent) and § 28-1385 (admin per se). You generally have 15 days to request a hearing with ADOT’s Executive Hearing Office. After revocation, reinstatement typically requires proof of treatment/compliance and ignition interlock per ARS § 28-3319.
Felony DUIs usually start in the local city or justice court for initial appearances (e.g., Tempe Municipal Court or a Maricopa County Justice Court) and then move to the county’s Superior Court upon indictment or bind-over, such as Maricopa County Superior Court, Pinal County Superior Court, Mohave County Superior Court, or Yavapai County Superior Court, depending on the arrest location.
Ignition interlock is administered by ADOT MVD under ARS § 28-3319. For felony DUI convictions, MVD will require proof of installation and compliance before and after license reinstatement. Violations can extend interlock or affect reinstatement. Courts may condition probation on treatment and interlock compliance in addition to the statutory requirements set by ARS § 28-3319.
Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 or visit us at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Founded in 2009, rated 4.9/5 (150+ reviews). Protect your rights under ARS § 28-1383, your license through ADOT MVD, and your future in Arizona Superior Court.
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