Aggravated DUI in Arizona refers to certain elevated driving-under-the-influence offenses defined under state law, including repeat offenses and specific aggravating circumstances such as a suspended license or a child passenger. Derek Oliverson’s team combines experience as a former judge, prosecutor, and police officer to evaluate how ARS §28-1383 could apply and advise on potential defenses.
ARS 28-1383 governs the prosecution of Aggravated DUIs in Arizona. There are 5 different ways to commit Aggravated DUI — all carry felony charges.
ARS 28-1383 governs the prosecution of Aggravated DUIs in Arizona. Pursuant to this statute, there are 5 different ways to commit Aggravated DUI. Arizona and Maricopa County enforce particularly strict penalties, with early plea deadlines that are typically revoked if not accepted.
Under ARS 28-1383(A)(1), driving under the influence while license status is suspended, canceled, or revoked. Class 4 Felony.
Under ARS 28-1383(A)(2), a third DUI violation within 84 months. Class 4 Felony with identical sentencing structure.
Under ARS 28-1383(A)(3), DUI with a person under 15 years of age in the vehicle. Class 6 Felony.
Under ARS 28-1383(A)(4), operating a vehicle with a required ignition interlock while impaired. Class 4 Felony.
Under ARS 28-1383(A)(5), driving the wrong way on a highway while under the influence. Class 4 Felony.
Aggravated DUI is never charged alone — it always requires an underlying simple-DUI violation under ARS 28-1381(A) (driving or actual physical control while impaired by intoxicating liquor or drugs) OR ARS 28-1382 (Extreme DUI with BAC 0.15+, or Super Extreme DUI with BAC 0.20+). The “aggravating factor” — suspended license, third offense, child under 15, ordered IID, or wrong-way driving — gets layered on top of one of these underlying violations.
Arizona uses “driving OR actual physical control” — meaning you don’t have to be in motion to be charged. Sitting in a parked car with the engine off, keys in the ignition, asleep behind the wheel, or pulled over on a shoulder can all qualify as APC depending on totality of the circumstances (engine state, key location, driver position, weather, time of night, whether the car presented an immediate danger).
Many aggravated DUI defenses challenge whether the State can actually prove APC — not just whether you were impaired. If the facts show the vehicle wasn’t presenting an immediate danger, APC can be disputed.
Class 4 Felony sentencing for Aggravated DUI varies based on prior felony history:
Typically probation-eligible with a mandatory 4-month prison term. If prison is ordered: 1 to 3.75 years.
Between 2.25 to 7.5 years in prison.
Between 6 to 15 years in prison.
First offense: 4 months to 2 years. One prior: 9 months to 2.75 years. Two priors: 2.25 to 5.75 years.
When it comes to your defense, experience isn’t optional — it’s essential. At Oliverson Law, you get a full legal team that’s been on every side of the courtroom.
Over the length of their careers, the attorneys at Oliverson Law have helped thousands of people successfully fight their criminal charges.
As former prosecutors, police officers, and judges, our attorneys have experience on all sides of the law. This insight allows them to better defend your case.
Felony DUI charges carry prison time. Don’t wait — our team of former judges and prosecutors will build the strongest possible defense for your case.
