Aggravated DUI Attorney Arizona clients need a fast answer from lawyers who know the courts. Oliverson Law handles felony DUI defense under ARS 28-1383 across Maricopa County Superior Court and Mohave County Superior Court. Call (480) 582-3637 for a free case evaluation.
Aggravated DUI is a felony charge in Arizona, and the criminal case and MVD case can move at the same time.
What can this charge cost you? More than a ticket, and more than most people expect. An aggravated DUI is charged under ARS 28-1383, and the criminal exposure includes felony sentencing under ARS 13-702 or ARS 13-703 depending on the case. That means you are not just fighting a fine. You are fighting jail time, possible prison exposure, and a felony record that can follow you into work, housing, and licensing.
What else gets hit right away? Your license suspension. Arizona also has an MVD track under the implied consent rules in ARS 28-1321, and that track can move while the criminal case is still pending. You can have one problem in court and another problem with the agency at the same time, which is why early criminal defense matters so much.
What about how long a DUI stays on your record? That depends on the place and the purpose of the record, but an aggravated DUI is a felony case, so the impact can be long lasting. What a DUI lawyer costs is usually less important than what you stand to lose if the case is handled late or wrong. That is why people call an aggravated DUI attorney before the first court date when they can.
How do the penalties change? The statute matters, and so do the facts. Under ARS 28-1383, a DUI can become aggravated if it is the third or subsequent DUI within 84 months, if the driver’s license was suspended, canceled, revoked, or refused, if a person under fifteen was in the vehicle, or if an ignition interlock was required. Each of those circumstances can change the class and the sentencing range.
Does a prior DUI automatically control the new case? No. The State still has to prove the prior count and the timing. Arizona uses an 84 month lookback under ARS 28-1381, and the defense can challenge how the State counts priors. That matters because the difference between a first level felony and a repetitive offender case can be huge.
Is aggravated DUI always a felony in Arizona? Yes. It is a felony statute, not a misdemeanor DUI. A standard first offense DUI is not the same thing. If the State says this is a repeat or enhanced case, a felony DUI lawyer needs to check the statute, the timing, the license status, and every report the officers wrote.
What should you hear from counsel early? Not panic, but a plan. A strong aggravated DUI lawyer Arizona clients trust will look for ways to challenge the stop, the priors, the paperwork, and the State’s theory before the case hardens into a plea offer.
Which court hears an aggravated DUI? Felony cases go to Superior Court. In Maricopa County, that is Maricopa County Superior Court at 201 W Jefferson St in Phoenix. In Mohave County, felony cases go to Mohave County Superior Court at 415 E Spring St in Kingman. Those are the courts where the criminal case is handled when the charge is felony level.
What happens right after arrest? Arizona Rule of Criminal Procedure 4.1 requires an Initial Appearance within 24 hours. That is where release conditions are set, including bond or own recognizance release. The first 48 to 72 hours matter a lot, because the decisions made there can shape the rest of the case.
Do city or justice courts matter? They can in misdemeanor cases, but aggravated DUI is charged as a felony under ARS 28-1383. That means Superior Court is the criminal forum you need to watch. At the same time, the MVD process can run separately under ARS 28-1321, so you may be dealing with both court and agency issues at once.
Why does local knowledge help? Because Maricopa County and Mohave County move differently, and local courtroom habits matter. Derek Oliverson prosecuted in Mohave County and later served as a judge in Glendale City Court, so he knows how these systems think from more than one side.
How is the case defended? Start with the stop. Was there reasonable suspicion? Then look at the search, the seizure, and whether the officers stayed within the law. Fourth Amendment problems can lead to suppression, and evidence that should not be used can sometimes be kept out under ARS 13-3925 and the Constitution.
What else gets attacked? The State’s proof. Police reports, body camera footage, lab testing, witness statements, and officer credibility all matter. The State must prove every element beyond a reasonable doubt. If the case depends on a prior conviction, the timing and the paperwork also matter. A felony DUI lawyer checks those details because a single weak link can change the result.
Can there be defenses other than suppression? Yes. Arizona recognizes self defense under ARS 13-404 and defense of a third person under ARS 13-406. There are also other defenses like necessity, duress, and mistake of fact when the facts support them. The right criminal defense is built around your facts, not around a script.
What is the goal? The goal is dismissal when possible, or the strongest negotiated result when trial is not the best path. That is how an aggravated DUI attorney Arizona defendants need should work. Trial readiness gives you leverage, and leverage matters in felony DUI cases.
What should you do first? Call a lawyer right away. You have a criminal case and a possible MVD problem moving at the same time, and delays can hurt both. If you want help from an aggravated DUI attorney, get the facts reviewed before you start guessing about the charge, the stop, or the license issue.
What should you bring up? The stop, the officer’s words, any testing, your license status, and any prior DUI history. If there was a suspended license, ignition interlock issue, or a child in the car, say that now. Those facts can change the charge under ARS 28-1383. If you do not know what matters, tell counsel everything and let the lawyer sort it out.
Should you worry about jail time? You should take it seriously, but not assume the worst before the case is reviewed. Aggravated DUI is a felony charge, and sentencing is governed by ARS 13-702 and ARS 13-703. That is exactly why the first call matters. A fast review can find issues in the stop, the paperwork, or the prior count.
What happens if you wait? You may lose time on the MVD deadline, miss the best chance to preserve evidence, and walk into the first hearing without a plan. That is not where you want to be when the State is building a felony case.
Why choose Derek Oliverson and David Tangren? Because they know how these cases are built from the inside. Derek Oliverson founded the firm in 2009 after serving as a police officer, a prosecutor in Mohave County, and a judge at Page Magistrate Court and Glendale City Court. That background helps him spot weak reports, charging mistakes, and pressure points in the State’s case.
How does that help you? Derek has written and reviewed the kind of reports officers rely on, argued from the prosecutor’s side, and ruled from the bench. That gives him a real view of how an aggravated DUI attorney arizona case can be challenged before it turns into a conviction.
Where does David Tangren fit in? David Tangren is a prosecutor turned defense lawyer who handled cases at the Pima County Attorney’s Office, including work in the felony trial team in the Property and Narcotics Bureau. He also brings strong academic training from the University of Arizona James E. Rogers College of Law. That gives the team depth in criminal defense, including felony DUI matters.
Why does that matter in court? Because a felony DUI lawyer needs more than confidence. You need someone who understands how prosecutors think, how judges read the file, and how officers build probable cause. That is the advantage here.
A DUI becomes aggravated when the statute’s listed facts apply, including a suspended, canceled, revoked, or refused license, a third or subsequent DUI within 84 months, a child under fifteen in the vehicle, or a required ignition interlock. Aggravated DUI is a felony.
First offense felony sentencing is governed by ARS 13-702. The exact class and sentencing range depend on which subsection of ARS 28-1383 applies.
Category one or two repetitive offender sentencing is governed by ARS 13-703 when prior convictions make the case repetitive.
Arizona’s implied consent rules can create parallel MVD consequences, and there is an administrative 15 day window to request a hearing.
Derek Oliverson served as a judge at Page Magistrate Court and Glendale City Court before returning to criminal defense. He knows how a case file looks from the bench, which helps when the goal is to expose weak proof and push back on a felony DUI charge.
Derek also worked as a criminal prosecutor in Mohave County, Arizona. That experience helps him read charging decisions, spot pressure points, and answer the same questions prosecutors ask when they decide whether to hold, reduce, or resolve a case.
Derek began his career as a police officer in Henderson, Nevada. He has seen the case from the street, the file, and the courtroom, which is useful when a client needs a felony DUI lawyer who understands how officers document stops and how that record gets challenged.
David Tangren brings prosecution experience from the Pima County Attorney’s Office, including felony trial work in the Property and Narcotics Bureau. He adds another layer of criminal defense strength to the firm’s DUI practice.
Under ARS 28-1383, a DUI becomes aggravated when specific facts apply, including a suspended, canceled, revoked, or refused license, a third or subsequent DUI within 84 months, a child under fifteen in the vehicle, or an ignition interlock requirement. It is a felony charge, not a misdemeanor.
Maricopa County Superior Court at 201 W Jefferson St in Phoenix handles felony cases. If you are arrested, the case can move fast, and an Initial Appearance must happen within 24 hours under Rule 4.1 of the Arizona Rules of Criminal Procedure.
That depends on the record and the purpose of the background check, but an aggravated DUI is a felony case, so the impact can last a long time. The criminal case and any MVD action can both affect your future, so it is smart to get legal help early.
The source facts do not give a fee. What matters is the risk you are facing, including felony sentencing, jail time, and possible prison exposure under ARS 13-702 or ARS 13-703. A free case evaluation can help you understand the next step before you decide.
Yes. Arizona’s implied consent rules under ARS 28-1321 can create a separate MVD problem while the criminal case is pending. You can be fighting the court case and the agency case at the same time, so early defense matters.
Oliverson Law defends DUI and criminal cases across , Maricopa County, and central Arizona. Pick your city below for local court details, or reach our Phoenix office directly.
Don’t see your city? Call (480) 582-3637. We defend clients across Maricopa County and central Arizona.
You do not have to sort this out alone. Call Oliverson Law at (480) 582-3637 for a free case evaluation and get a real look at your aggravated DUI defense.
