Aggravated DUI — Arizona
ARS 28-1383 governs the prosecution of Aggravated DUIs in Arizona. There are 5 different ways to commit Aggravated DUI — all carry felony charges.
What Is an Aggravated DUI in Arizona?
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.
Five Ways to Be Charged With Aggravated DUI
Suspended, Revoked, or Canceled License
Under ARS 28-1383(A)(1), driving under the influence while license status is suspended, canceled, or revoked. Class 4 Felony.
Third or More Offense Within 7 Years
Under ARS 28-1383(A)(2), a third DUI violation within 84 months. Class 4 Felony with identical sentencing structure.
Child Under 15 in the Vehicle
Under ARS 28-1383(A)(3), DUI with a person under 15 years of age in the vehicle. Class 6 Felony.
Ordered Ignition Interlock Device
Under ARS 28-1383(A)(4), operating a vehicle with a required ignition interlock while impaired. Class 4 Felony.
Wrong Way on a Highway
Under ARS 28-1383(A)(5), driving the wrong way on a highway while under the influence. Class 4 Felony.
Aggravated DUI Sentencing Ranges
Class 4 Felony sentencing for Aggravated DUI varies based on prior felony history:
First-Time Felony Offenders
Typically probation-eligible with a mandatory 4-month prison term. If prison is ordered: 1 to 3.75 years.
One Historical Prior Felony (Category 2)
Between 2.25 to 7.5 years in prison.
Two Historical Prior Felonies (Category 3)
Between 6 to 15 years in prison.
Child Under 15 — Class 6 Felony
First offense: 4 months to 2 years. One prior: 9 months to 2.75 years. Two priors: 2.25 to 5.75 years.
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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.
30+ Years of Collective Experience
Over the length of their careers, the attorneys at Oliverson Law have helped thousands of people successfully fight their criminal charges.
Former Judge & Prosecutors
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.
Charged With Aggravated DUI?
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.