FELONY AGGRAVATED DUI
In Arizona there are two ways that a regular DUI can become a felony offense with possible prison time.
A Felony DUI can be committed if a defendant drives a motor vehicle under the influence of alcohol and has a minor (14 years or younger) as a passenger in the vehicle.
An Aggravated or Felony DUI can also be committed if a defendant drives a motor vehicle if they commit drive under the influence of alcohol when they knowing their license is suspended or restricted. It can also be committed if a defendant commits a third DUI within a seven (7) year period.
A Felony or Aggravated DUI is a serious felony offense. It is a Class 4 or Class 6 Felony depending on the circumstances of the DUI. The case may be transferred to Superior Court after an initial arrest and appearance in the justice court.
Hire an experienced DUI attorney to litigate your case to get the best outcome and protect your rights. Our attorneys review each case for legal and scientific defenses in your DUI case.
Our DUI attorneys protect your rights and will handle your criminal case in state court, and also the civil suspension admin per se suspension hearings before the MVD Executive Hearing Office.
Get peace of mind that your lawyer will work to get the best outcome for your legal situation and avoid having you failing to appear for court.
Your lawyer will provide end-to-end support including all non personal court appearances and pretrial conferences, negotiating a favorable plea agreement with the prosecutor, drafting all court court documents and appear with you at all court hearings or fight the case at jury trial if necessary.
This service is right for you if you are cited for committing a Felony or Aggravated DUI in violation of A.R.S. 28-1383.
28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition
- A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
- Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
- Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
While a person under fifteen years of age is in the vehicle, commits a violation of either:
- (a) Section 28-1381.
- (b) Section 28-1382.
- While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of section 28-1381, section 28-1382 or this section.
Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under:
- Subsection A, paragraph 1, 2 or 4 of this section is a class 4 felony.
- Subsection A, paragraph 3 of this section is a class 6 felony.
Class 4 Felony – Up to 3.75 years prison (may be eligible for probation) A.R.S. 13-702
Class 6 Felony – Up to 2 years prison (may be eligible for probation) A.R.S. 13-702
HOW IT WORKS
- Call Our Office for a free consultation.
- Case Review and 30 Minute Introduction Attorney Phone Call
- File Notice of Appearance By Counsel With Court, Entry of Defendant's Not Guilty Plea and Waiver of Personal Appearance by Defendant.
- File request for Admin Per Se Hearing with AZ MVD.
- Attend AZ MVD hearing.
- Attend All Pretrial Conference on Client's Behalf.
- Jury Trial (if necessary).
- Attend All Sentencing Hearings with client.
- 24/7 Client Support Portal Access
WHAT'S NOT INCLUDED
- Any Fines or Penalties Imposed By Court if due after final adjudication
- Any extraordinary expenses, transcripts, investigation, expert costs
- Does not include Appeals or Special Actions