An aggravated DUI is a felony under A.R.S. 28-1383, often charged under subsections (A)(1) and (A)(2) for driving impaired while the license is suspended, canceled, revoked, refused, or restricted, or after two prior DUI convictions within 84 months. The state still must prove a violation of A.R.S. 28-1381(A)(1) or (A)(2), or 28-1382 for .15+, .20+ BAC. A class 4 felony can mean prison, mandatory treatment, fines and assessments, and a 3-year license revocation if the DUI involved a prior suspension. A second DUI can bring 90 days in jail, 30 consecutive, and a 12-month license suspension. If charged in Phoenix, call a lawyer immediately before court or MVD deadlines run, request all police reports, videos, and blood or breath records.
How do you defend against an aggravated DUI in Arizona?
The defense starts by identifying why the case was charged as aggravated DUI under A.R.S. 28-1383 and then challenging each element the state must prove. In many cases, that means looking at the traffic stop, the officer’s observations, the timing of the arrest, and whether the state can legally rely on the prior convictions or license status it alleges.
An aggravated DUI defense attorney will also review breath or blood testing, chain of custody, and whether your rights were respected during the stop and investigation. If the state cannot prove impairment, a prohibited alcohol concentration, or the aggravating factor beyond a reasonable doubt, the felony charge can be reduced or dismissed. Related help may also overlap with Arizona DUI lawyer services.
What makes a DUI an aggravated DUI under ARS 28-1383?
A DUI becomes aggravated when one of the statute’s aggravating facts is present. Under A.R.S. 28-1383, that can include driving under the influence with a license that is suspended, canceled, revoked, refused, or restricted because of a prior DUI, or having two prior DUI convictions within 84 months. The statute also covers certain DUI cases involving a child under 15 in the vehicle.
Because aggravated DUI is a felony, the consequences are far more serious than a misdemeanor DUI. The charge can bring prison exposure, probation terms, treatment requirements, and long-term license problems with the Arizona MVD. A defense must focus on the exact aggravating allegation, because the state still has to prove every part of it.
What defenses work against an aggravated DUI charge?
Common aggravated DUI defenses include an unlawful stop, a weak basis for arrest, unreliable field sobriety testing, and problems with breath or blood evidence. If the officer lacked reasonable suspicion or probable cause, the defense can seek suppression of key evidence. Blood cases may also involve issues with warrants, contamination, lab handling, or an invalid timeline.
The aggravating factor itself can also be challenged. Prior convictions may not qualify, license records can be incomplete, and the state may misread the 84-month window. If the case involves drugs, alcohol, or both, a lawyer may coordinate the defense with Arizona drug crimes attorney representation or other criminal defense strategies.
How do aggravated DUI cases play out in local Arizona courts?
Aggravated DUI cases usually move through the local superior court as felony matters after the arrest and initial proceedings. In many Valley cases, the exact path depends on the county, the judge, the prosecutor, and whether the defense can resolve evidentiary issues early. Arizona Courts information is available through the state judiciary, but the practical outcome still depends on the facts and the proof.
Oliverson Law has offices in Tempe, Gilbert, Phoenix, and Kingman, and represents clients in the courts near each. For local guidance, people often start with the firm’s pages for Mesa DUI lawyer, Chandler DUI lawyer, and Gilbert DUI lawyer services.
When should you call an aggravated DUI defense lawyer?
You should call immediately after the arrest, because aggravated DUI defense Arizona work often depends on fast deadlines for evidence, license issues, and court strategy. A lawyer can evaluate the stop, request records, and start protecting you before the case moves further. Early action matters when the state is relying on prior convictions or MVD history.
Oliverson Law handles aggravated DUI defense Arizona cases along with Arizona DUI lawyer, Arizona criminal defense lawyer, and Arizona assault lawyer matters. If the case overlaps with domestic violence or weapons allegations, those defenses can be coordinated too. Do not wait to get help.
What are the key Arizona DUI statutes and agencies?
The main statute for aggravated DUI is A.R.S. 28-1383. Related DUI charges and proof issues often involve other Arizona DUI statutes as well, depending on whether the case is based on impairment, alcohol concentration, or prior offenses. The Arizona MVD handles licensing consequences, and Arizona courts handle the criminal case.
For official information, use the Arizona MVD and Arizona Courts websites. If your case also involves drugs or another criminal allegation, counsel may need to review Arizona drug crimes attorney and Arizona weapons charges lawyer issues at the same time.
Frequently Asked Questions
Yes. Aggravated DUI under A.R.S. 28-1383 is generally a class 4 felony. It can involve prison exposure, probation conditions, treatment, and serious MVD consequences, so it is much more serious than a misdemeanor DUI.
Sometimes. A reduction may be possible if the state has problems proving impairment, the stop, the testing, the prior convictions, or the aggravating factor. Every case depends on the evidence and the prosecutor’s position.
The normal Arizona DUI per se BAC limits still matter, 0.08 for most drivers, 0.04 for commercial drivers, and 0.00 for underage drivers under the relevant DUI laws. Aggravated DUI adds a felony aggravator on top of the DUI allegation.
You can face Arizona MVD action in addition to the criminal case. The exact license consequence depends on the charge, the evidence, and the MVD process, so it is important to act quickly after the arrest.
No. The state still has to prove that any prior convictions qualify under the statute and fall within the required time frame. A defense lawyer can review the prior cases, dates, and records for problems.
If you are facing an aggravated DUI charge, contact Oliverson Law right away. The sooner a defense team reviews the stop, testing, and prior records, the better your options may be.
