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AGGRAVATED DUI – FELONY DUI – ARIZONA REVISED STATUTE §28-1383

Getting arrested for a DUI in Arizona is bad enough. Arizona, after all, has some of the toughest DUI laws in the United States. However, if you were caught driving with a blood alcohol concentration (BAC) level of .08% and there are aggravating factors present, you will be charged with aggravated DUI in Arizona, which is so much worse than a simple DUI.

What is an Aggravated DUI in Arizona?
Is an extreme DUI a felony in Arizona? Believe it or not, a DUI charge that starts with the word “Extreme” is still just a misdemeanor. Aggravated DUI, on the other hand, is a Class 4 Felony, and being slapped with an Aggravated DUI Class 4 Felony charge is an extremely serious matter. It’s so serious that it joins 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.

Who can be charged with an Arizona aggravated DUI?
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, canceled, revoked, refused, or restricted license; or

Having two DUI convictions within seven years of the DUI currently charged; or

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.

The Aggravated DUI Penalties Arizona is imposing on convicts

Aggravated DUI laws in Arizona impose the following penalties on those convicted of the crime:

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

What can you do when facing aggravated DUI AZ charges?
Going by the Aggravated DUI Arizona definition, you are definitely in deep trouble if you’re facing such a case. However, if you have the best Aggravated DUI lawyers Arizona has to offer by your side, your chances of beating Arizona felony DUI charges will vastly improve.

We are some of the few Experienced Attorneys that focus on DUI Defense. Most lawyers are Jack-of-all-Trade attorneys, who will handle a broad spectrum of criminal, civil, and family law cases.

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.

Our other DUI Practice Areas include:
Regular DUI
Extreme DUI
Super Extreme DUI
Drugged DUI
Prescription Drugs DUI

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