Aggravated DUI in Arizona is a felony charged under A.R.S. 28-1383 when specific aggravating circumstances exist: DUI with a suspended license, DUI with a passenger under 15, or third DUI within 84 months. Extreme DUI under A.R.S. 28-1382 is a misdemeanor triggered by BAC alone: 0.15 or higher. The two charges can stack, meaning a single arrest can result in both. Aggravated DUI carries mandatory prison; Extreme DUI carries mandatory jail. Call (480) 582-3637 for a DUI lawyer.
The Core Difference: Circumstances vs BAC
Both charges exist to punish more serious DUI conduct than the standard DUI under A.R.S. 28-1381. But they punish different types of “more serious.” Aggravated DUI punishes the SITUATION: DUI plus a suspended license, or DUI with a child in the car, or a repeat pattern. Extreme DUI punishes the AMOUNT of alcohol: BAC of 0.15 or higher, regardless of the driver’s history or circumstances.
The felony vs misdemeanor distinction is the biggest practical consequence. Aggravated DUI is always a felony — the classes range from Class 6 to Class 4 depending on the specific aggravator. Extreme DUI is always a misdemeanor — a very serious Class 1 misdemeanor, but not a felony. A felony conviction affects firearm rights, voting rights, employment, and immigration status in ways a misdemeanor does not.
The Arizona MVD handles administrative license suspension for both under A.R.S. 28-1385. The 15-day MVD hearing window applies to both. Miss it and the admin per se suspension takes effect automatically regardless of the criminal case outcome. A skilled DUI lawyer files the MVD hearing request within 72 hours of arrest to preserve driving privileges during the criminal case.
Aggravated DUI Explained (A.R.S. 28-1383)
Under A.R.S. 28-1383, standard DUI becomes aggravated when one of four aggravating circumstances is present:
- DUI while driving on a suspended, revoked, or restricted license. Class 4 felony. Requires the state to prove the license status at the time of driving.
- DUI with a passenger under 15 years of age. Class 6 felony. Age of passenger established through birth records.
- Third or subsequent DUI within 84 months (7 years). Class 4 felony. Prior DUIs must be proven through certified court records.
- DUI with a device evasion or refusal to submit to a required chemical test after ordered. Class 4 felony under A.R.S. 28-1383(A)(4).
Class 4 aggravated DUI carries a sentence range of 1 to 3.75 years prison under A.R.S. 13-702, with mandatory minimum of 4 months in prison. Class 6 aggravated DUI carries 4 months to 2 years prison. Both include license revocation (not just suspension), interlock device for 2 years post-driving privilege restoration, and mandatory alcohol screening. The Arizona Department of Corrections reports 87% of Class 4 aggravated DUI first-offense convictions in 2023 involved actual prison time — not probation.
Reduction from Class 4 to Class 6 through negotiation is possible when the specific aggravator can be attacked (for example, if the prior DUIs used to enhance were pled to as reckless driving instead of true DUI convictions, they may not count under A.R.S. 28-1383). A aggravated DUI attorney attacks the aggravator element specifically because that reduction changes the class and the sentence range.
Extreme DUI Explained (A.R.S. 28-1382)
Extreme DUI under A.R.S. 28-1382 is triggered entirely by BAC level. Two tiers:
| BAC Range | Charge | Mandatory Jail | Fine |
|---|---|---|---|
| 0.15 to 0.199 | Extreme DUI (first offense) | 30 days minimum (9-20 suspendable with interlock) | $2,500 minimum |
| 0.20 and above | Super Extreme DUI (first offense) | 45 days minimum (14-31 suspendable) | $3,250 minimum |
Second-offense extreme DUI within 84 months mandates 120 days jail with 90 days minimum before eligibility for work release or home detention. Third offense within 84 months becomes an aggravated DUI (per Section 2 above) — the pathway from extreme DUI to felony aggravated DUI happens automatically at the third-offense mark.
Because extreme DUI is a Class 1 misdemeanor, it does not automatically eliminate firearm rights or voting rights the way a felony conviction does. However, the 12-month ignition interlock requirement, 90-day license suspension, and $2,500+ in fines and court costs make it a substantial financial and mobility burden. The extreme DUI lawyer handling the case attacks the breath test administration — 15-minute observation period compliance, machine calibration records, officer training — to challenge the BAC reading that triggers the charge in the first place.
When Both Charges Apply Together
Because the two statutes measure different things (circumstances vs BAC), a single arrest can trigger both. Example: A driver with a suspended license blows 0.19. Both statutes apply simultaneously. The state can charge either or both. Standard practice is to charge both and let the plea negotiation decide which sticks.
When both charges are filed, the felony aggravated DUI dominates sentencing — the felony penalties absorb the misdemeanor exposure. Practically, this means the extreme DUI charge often disappears at plea in exchange for accepting the aggravated DUI. Defendants sometimes prefer this because the felony is what already required serious defense effort — dropping a misdemeanor at the same time is not a real concession.
The reverse can also happen: If the aggravator falls (for example, the state cannot prove the license was actually suspended at the moment of driving), the aggravated DUI charge fails but the extreme DUI charge remains. The driver walks away with a misdemeanor instead of a felony. This is why a felony defense lawyer attacks the aggravator specifically — knocking it out drops the entire case class down.
Penalty Comparison
| Element | Extreme DUI (A.R.S. 28-1382) | Aggravated DUI (A.R.S. 28-1383) |
|---|---|---|
| Classification | Class 1 misdemeanor | Class 4 or Class 6 felony |
| Prison exposure | None (jail only) | 1 to 3.75 years (Class 4) |
| Jail (first offense) | 30-45 days mandatory | 4-8 months mandatory |
| License | 90 day suspension | 1 year revocation |
| Interlock | 12 months (18 for super extreme) | 24 months after restoration |
| Fine minimum | $2,500 – $3,250 | $5,000+ |
| Firearm rights impact | None automatic | Lost on felony conviction |
| Voting rights | Not affected | Suspended during incarceration |
| Employment impact | Misdemeanor on record | Lifetime felony on record |
The employment consequence is what most first-time defendants underestimate. A felony conviction shows up on every future background check. Aggravated DUI is worth investing serious defense effort to avoid.
Defense Strategy Differs
Because the charges rest on different elements, the defense strategies differ:
Extreme DUI defense focuses on the BAC reading. Attack the breath test machine calibration, the 15-minute observation period compliance, the officer’s certification to operate the instrument, and the chain of custody on blood draws. If the BAC drops below 0.15 through suppression, the charge automatically drops to standard DUI. A extreme DUI lawyer spends most of their prep time on the machine and process.
Aggravated DUI defense focuses on the aggravator. Was the license actually suspended at the moment of driving, or was there a technical restoration issue? Was the passenger actually under 15, and can the state prove age? Are the prior DUIs used for the third-offense aggravator all valid convictions, or did one get pled to reckless driving instead of DUI? Knocking the aggravator drops the case to standard DUI or extreme DUI.
The felony defense lawyer handling an aggravated DUI often runs both attacks in parallel — attack the DUI element AND attack the aggravator. If either falls, the case shifts dramatically. Winning on both is complete dismissal. The State Bar of Arizona disciplinary database confirms which local DUI defense attorneys have felony trial experience — critical for aggravated DUI cases.
Frequently Asked Questions
Aggravated DUI (A.R.S. 28-1383) is a felony based on circumstances: DUI with suspended license, DUI with passenger under 15, or third DUI within 84 months. Extreme DUI (A.R.S. 28-1382) is a misdemeanor based on BAC alone: 0.15 or higher. Aggravated is worse because it’s a felony with mandatory prison exposure.
Yes. A single arrest can trigger both if the elements are met (e.g., BAC 0.19 while driving on suspended license). The state typically charges both. In plea negotiation, the misdemeanor extreme DUI usually drops in exchange for accepting the felony aggravated DUI — because the felony carries the harder penalties anyway.
No. Extreme DUI under A.R.S. 28-1382 is a Class 1 misdemeanor. It becomes a felony only when combined with an aggravating circumstance under A.R.S. 28-1383 — such as a third DUI within 84 months, driving on a suspended license, or driving with a passenger under 15.
First-offense Extreme DUI (BAC 0.15-0.199) carries 30 days mandatory jail, with 9-20 days suspendable if interlock is installed and completed. First-offense Super Extreme DUI (BAC 0.20+) carries 45 days mandatory, with 14-31 days suspendable. Second offenses double the mandatory time.
Class 4 aggravated DUI (most common: DUI with suspended license, third DUI within 84 months) has a mandatory minimum of 4 months in prison. Class 6 aggravated DUI (DUI with passenger under 15) has a mandatory minimum of 4 months but can be reduced to jail time under certain conditions. Sentence range is 1 to 3.75 years for Class 4 first offense.
Yes, through plea negotiation if the aggravator can be attacked. If the state cannot prove the license was actually suspended, or the passenger was actually under 15, or the prior DUIs used for third-offense enhancement were valid DUI convictions, the aggravator fails and the case reduces to extreme DUI or standard DUI. A defense lawyer attacks the aggravator specifically for this purpose.
Aggravated DUI is a felony; Extreme DUI is a misdemeanor. Different elements, different defenses. Derek Oliverson has handled Arizona DUI cases since 2009. Free consultation.