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Aggravated DUI – Felony DUI – Arizona Revised Statute §28-1383

There are several different ways to get an Aggravated DUI (Felony DUI) in Arizona.

A Class 4 Felony, Aggravated DUI can be charged when a person is Driving or in Actual Physical Control of a Vehicle, while impaired to the slightest degree by the use of alcohol, drugs, medications, vapor releasing substances, or a combination of the same, or with illegal substances or a Blood Alcohol Content above the legal limit, while:

Having a suspended, cancelled, revoked, refused, or restricted license; or
Having two DUI convictions within seven years of the DUI currently charged; or
While ordered to have an Ignition Interlock Device on a vehicle
There is also an Aggravated DUI – Class 6 Felony, if someone was Driving or in Actual Physical Control, while impaired to the slightest degree by the use of alcohol, drugs, medications, vapor releasing substances, or a combination of the same, or with illegal substances or a Blood Alcohol Content above the legal limit, while having a child under the age of 15 in a vehicle.

Aggravated DUIs in Arizona are very serious. So serious, that they join charges such as Manslaughter and Arson in being “Forever Allegeable.” That means that if convicted of an Aggravated DUI, that conviction can be used against a person forever, and will always be considered a “Prior Felony Conviction” for sentencing enhancement if a Defendant were ever to be charged for a Felony offense again.

The Arizona DUI Team Lawyers are some of the few Experienced Attorneys that focus on DUI Defense. Most lawyers are Jack-of-all-Trade attorneys, who will handle a wide spectrum of criminal, civil, and family law cases. Jack-of-all-Trades… Master of None!

When you have an Arizona DUI Team Attorney representing you, you know you are getting someone who focuses on DUI Defense, and knows what they are doing.

It is important to know that a “Criminal Defense Lawyer,” is not the same as a “DUI Defense Lawyer.” While similar, Criminal Laws fall under an entirely different section of the law, with their own issues, and own case law as decided by the Court of Appeals and Supreme Court.

Do not take a chance on an Aggravated DUI case on some lawyer who does not focus their law practice on DUI Defense. Not only is a conviction “Forever Allegeable,” but the amount of time, fines and fees, and additional punishments are extremely harsh.

Having an Experienced DUI Lawyer, such as those on the Arizona DUI Team, can make the difference between a Guilty and Not Guilty verdict… or better yet, the difference between Guilty and Case Dismissed.

1st Time Class 4 Aggravated DUI Sentence:

4 months prison – 3.75 years prison
Approx. $4,700 minimum in fines and fees
Alcohol Counseling
License Revocation
Probation
SR22 High Risk Insurance required
Possible Community Service
2 year Ignition Interlock Device
Class 4 Aggravated DUI With a Prior Felony Conviction Sentence – alleging any prior Felony conviction:

2.25 – 7.5 years prison
Approx. $4,700 minimum in fines and fees
Alcohol Counseling
License Revocation
Probation
SR22 High Risk Insurance required
Possible Community Service
2 year Ignition Interlock Device
Class 4 Aggravated DUI With 2+ Prior Felony Conviction Sentence – alleging any 2+ prior Felony convictions:

6 – 15 years prison
Approx. $4,700 minimum in fines and fees
Alcohol Counseling
License Revocation
Probation
SR22 High Risk Insurance required
Possible Community Service
2 year Ignition Interlock Device
1st Time Class 6 Aggravated DUI Sentence:

1 day jail – 2 years prison
Approx. $4,700 minimum in fines and fees
Alcohol Counseling
License Revocation
Probation
SR22 High Risk Insurance required
Possible Community Service
2 year Ignition Interlock Device
Class 6 Aggravated DUI With a Prior Felony Conviction Sentence – alleging any prior Felony conviction:

.75 – 2.75 years prison
Approx. $4,700 minimum in fines and fees
Alcohol Counseling
License Revocation
Probation
SR22 High Risk Insurance required
Possible Community Service
2 year Ignition Interlock Device
Class 6 Aggravated DUI With 2+ Prior Felony Conviction Sentence – alleging any 2+ prior Felony conviction:

2.25 – 5.75 years prison
Approx. $4,700 minimum in fines and fees
Alcohol Counseling
License Revocation
Probation
SR22 High Risk Insurance required
Possible Community Service
2 year Ignition Interlock Device

 

A Cup Of Coffee With 10 Of The Top
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Guest Author: Attorney Brian Sloan

3,500+ DUI Cases Successfully Defended