Aggravated DUI in Arizona — How a Felony DUI Is Charged and Fought
In Arizona, an aggravated DUI is a felony under ARS § 28-1383 when a DUI occurs with certain aggravators: a suspended/revoked or restricted license, a third DUI within 84 months, a child under 15 in the car, violating an interlock order, or wrong-way driving. Convictions bring felony records, prison, and multi‑year license revocations.
What qualifies as an aggravated DUI
Under ARS § 28-1383, a DUI becomes “aggravated” (a felony) if the State proves you violated ARS § 28-1381 (impairment to the slightest degree or BAC .08 or more) or ARS § 28-1382 (extreme/super extreme BAC) and one of these aggravators applies:
1) License status: You drove while your license or privilege to drive was suspended, canceled, revoked, refused, or you were violating a license restriction. ARS § 28-1383(A)(1).
2) Prior DUIs: This offense is your third DUI within 84 months (seven years). Qualifying priors include violations of § 28-1381, § 28-1382, or § 28-1383. ARS § 28-1383(A)(2).
3) Child passenger: A person under fifteen years old was in the vehicle. ARS § 28-1383(A)(3).
4) Interlock violation: You were required to equip a vehicle with an ignition interlock device (IID) and drove while under that requirement without properly equipped IID. ARS § 28-1383(A)(4).
5) Wrong-way driving: You were driving the wrong way on a highway when the DUI occurred. ARS § 28-1383(A)(5).
Most aggravated DUIs are Class 4 felonies; the child-passenger version under § 28-1383(A)(3) is a Class 6 felony. Where your case is filed matters: aggravated DUIs are prosecuted in the county superior court (for example, Maricopa County Superior Court handles Phoenix, Gilbert, Chandler, and Glendale felonies), not municipal courts. City courts like Glendale City Court handle misdemeanors, not felonies.
Impairment and chemical evidence still matter. The State must prove impairment or a qualifying BAC beyond a reasonable doubt. Arizona juries are instructed that “slightest degree” impairment under § 28-1381(A)(1) is enough if it affects the ability to drive to the slightest degree. See State v. Zaragoza, 221 Ariz. 49 (2009). Blood or breath evidence must be lawfully obtained; involuntary or coerced blood draws can be suppressed. See State v. Valenzuela, 239 Ariz. 299 (2016).
Because aggravated DUI is a felony, collateral consequences are severe: a permanent felony record, firearm and voting right impacts unless restored, multi‑year driver’s license revocation, and prison exposure. Early defense work focuses on challenging the aggravator, the underlying stop, testing, and whether priors were constitutionally valid and within 84 months.
If you were arrested in the East Valley or greater Phoenix area, your felony case typically proceeds in Maricopa County Superior Court. The prosecutor is the Maricopa County Attorney’s Office, not a city prosecutor. For strategy tailored to your facts, consider speaking with a DUI lawyer in Arizona as soon as possible.
Arizona statutes, penalties & procedures
Key statutes and classifications
Aggravated DUI is defined at ARS § 28-1383. The underlying DUI elements are in ARS § 28-1381 (impairment/BAC .08) and § 28-1382 (extreme .15+ and super extreme .20+). Classifications:
– Class 4 felony: § 28-1383(A)(1), (A)(2), (A)(4), (A)(5).
– Class 6 felony: § 28-1383(A)(3) (child under fifteen in vehicle).
Mandatory minimums and sentencing ranges
For Class 4 aggravated DUI, Arizona law imposes mandatory prison even if otherwise probation-eligible. Under ARS § 28-1383(D), a first conviction under (A)(1), (A)(2), (A)(4), or (A)(5) requires at least four months in the Department of Corrections before probation, suspension of sentence, or pardon can be granted. If you have a prior aggravated DUI conviction, § 28-1383(E) increases that mandatory prison to at least eight months.
For the child-passenger aggravated DUI (§ 28-1383(A)(3)), the offense is a Class 6 felony. The specific four‑ or eight‑month prison mandates in § 28-1383(D)–(E) do not apply to (A)(3), but felony sentencing and probation terms still apply under Title 13. See ARS § 13-902 (probation terms: up to four years for Class 4, up to three years for Class 6) and Chapter 7 for felony ranges. Courts may also impose the jail terms associated with the underlying DUI counts, ignition interlock, assessments, and treatment.
License consequences and interlock
Aggravated DUI triggers revocation, not mere suspension. Upon conviction, MVD must revoke your privilege to drive, typically for three years, and you must complete evaluation/treatment and proof of financial responsibility (SR‑22) before reapplying. See ARS § 28-1383 and related MVD revocation statutes (including ARS § 28-3304). After reinstatement, ignition interlock is required, the length depending on the underlying DUI (often twelve months or longer, and extended for high BACs or violations). Separate implied‑consent suspensions may also apply if you refused testing under ARS § 28-1321.
| Aggravator (ARS § 28-1383) | Felony Class | Mandatory Prison | Typical MVD Action |
|---|---|---|---|
| License suspended/revoked/restricted (A)(1) | Class 4 | ≥ 4 months (≥ 8 months with prior aggravated DUI) | Revocation (commonly 3 years) + IID on reinstatement |
| Third DUI within 84 months (A)(2) | Class 4 | ≥ 4 months (≥ 8 months with prior aggravated DUI) | Revocation (commonly 3 years) + IID |
| Child under 15 in vehicle (A)(3) | Class 6 | No § 28-1383(D) prison mandate | Revocation/suspension per MVD + IID |
| Violation of IID requirement (A)(4) | Class 4 | ≥ 4 months (≥ 8 months with prior aggravated DUI) | Revocation (commonly 3 years) + IID |
| Wrong-way on a highway (A)(5) | Class 4 | ≥ 4 months (≥ 8 months with prior aggravated DUI) | Revocation (commonly 3 years) + IID |
Felony DUI process in Arizona courts
– Arrest and initial appearance: You are booked and see a judge within 24 hours for release conditions. Felony DUI release may include alcohol monitoring, IID, or treatment screening.
– Charging and screening: The county attorney files a complaint or seeks a grand jury indictment. In Maricopa County, aggravated DUI felonies are handled in Superior Court. See Arizona Rules of Criminal Procedure 2.2–2.3.
– Probable cause step: You are entitled to a preliminary hearing (Rule 5.1) unless indicted by a grand jury (Rule 12). Many cases proceed by indictment.
– Arraignment and conferences: After indictment, arraignment is set (Rule 14). Case management conferences follow, with motion practice under Rule 16 (suppression, preclusion, disclosure).
– Resolution or trial: Cases may resolve by plea or proceed to jury trial. Suppression issues often involve the stop, detention length, breath-machine compliance, and blood‑draw consent or warrants (see State v. Valenzuela). The State must also prove the aggravator element with admissible, certified records and proper foundation.
If your arrest was in Phoenix, Gilbert, Chandler, or Glendale, your felony docket will be in Maricopa County Superior Court. Learn more about defending charges in Maricopa County and statewide by consulting a DUI lawyer in Arizona.
Since 2009, Oliverson Law DUI & Criminal Defense has defended felony DUI cases across the Valley. Founder Derek Oliverson served as a police officer, prosecutor, and judge, and attorney David Tangren is a former Pima County prosecutor. 4.9/5 rating (150+ reviews). Office: 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281.
What to do next
Protect your license immediately
Watch for MVD deadlines if you refused a test or had a high BAC. You typically have a short window to request a hearing under ARS § 28-1321. Missing it can mean an automatic suspension or revocation on top of any court penalties later.
Preserve evidence and witness information
Write down everything about the stop, field tests, warnings, and any statements. Save receipts, dashcam clips, rideshare logs, medical records, and names of witnesses. Early preservation helps challenge “slightest degree” impairment (see State v. Zaragoza) and supports motions to suppress or limit the State’s proof.
Have your prior records reviewed
For § 28-1383(A)(2) and other aggravators, the State must prove qualifying priors and status elements with certified records. A defense review can identify constitutional defects, date‑range issues (84‑month window), or foundation problems that may defeat the aggravator and reduce the case to a misdemeanor posture.
Engage counsel for felony procedures
Felony DUIs move quickly through indictment, arraignment, and disclosure deadlines. A defense attorney can contest probable cause at a preliminary hearing, litigate blood‑draw/warrant issues (see State v. Valenzuela), negotiate alternatives, and position you for mitigation, treatment, and the narrowest lawful penalty.
Common mistakes to avoid
Frequently Asked Questions
Yes. Aggravated DUI under ARS § 28-1383 is a felony. Most aggravated DUIs are Class 4 felonies and carry mandatory Department of Corrections time: at least four months for a first aggravated DUI under § 28-1383(A)(1), (A)(2), (A)(4), or (A)(5), and at least eight months with a prior aggravated DUI. The child‑passenger variant under § 28-1383(A)(3) is a Class 6 felony without the specific four‑ or eight‑month mandate.
Under ARS § 28-1383, a DUI is aggravated if the State proves a DUI under § 28-1381 or § 28-1382 plus one aggravator: suspended/revoked/restricted license, a third DUI within 84 months, a person under 15 in the vehicle, violating an ignition interlock requirement, or driving the wrong way on a highway. Most are Class 4 felonies; child‑passenger is Class 6.
Aggravated DUIs are felony cases filed in county superior court. If you were arrested in Phoenix, Glendale, Chandler, or Gilbert, your case is typically handled in Maricopa County Superior Court and prosecuted by the Maricopa County Attorney’s Office. Municipal courts generally handle misdemeanor DUIs, not felony aggravated DUIs.
Blood evidence must be lawfully obtained. Warrantless draws generally require valid, voluntary consent or exigent circumstances. Arizona courts suppress coerced or unlawfully obtained blood evidence. See State v. Valenzuela (2016). An attorney can challenge consent, warrant validity, execution, and chain of custody to limit or exclude BAC proof.
Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 or visit our Tempe office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Consultations are confidential and focused on immediate felony‑level protection.