Aggravated DUI - ARS 28-1383

Arizona has some of the strictest DUI laws in the United States. In fact, Arizona has a 

zero tolerance policy for any form of driving under the influence. Arizona's police officers  aggressively seek out drunk drivers to keep our highways as safe as possible and charge offenders for their actions.

Arizona’s charges for driving under the influence are extreme and involve mandatory jail time and fines for all levels. If you have been charged with a DUI, hiring an experienced criminal defense attorney is invaluable. 

Arizona laws state that if you are 21 years old or older, you can be charged with a DUI if your blood alcohol level is above .08% while in control of a vehicle. "In control of a vehicle" simply means that you are either driving the vehicle or are sitting in the driver’s seat with the car key close to you or in the ignition.

A DUI conviction carries penalties ranging from fines and two-week mandatory jail time up to several years in jail, so the category of DUI determines the penalties of the charge. Arizona classifies a DUI by the driver’s blood alcohol level (BAC) and each blood alcohol level has its own set of consequences.

Defined under ARS 28-1383, an aggravated DUI is exactly what it sounds like: a DUI involving certain extreme factors considered to be “aggravated”. Due to the severity of the actions involved in an aggravated DUI, what would normally be a simple misdemeanor becomes a class 4 or 6 felony. 

Examples of factors considered to be aggravated:

• Multiple DUIs in a 7 year period
• Driving under the influence with a passenger under 15 years of age
• Driving under the influence without a valid driver’s license
• Driving under the influence and causing damage to another person or property
• Driving without an interlock device when it has been required 
• Wrong way driving under the influence 

If you have been charged with an aggravated DUI in Arizona, you are facing a serious felony charge and will need to hire an aggressive and experienced criminal defense lawyer to represent you. JacksonWhite's criminal defense team has years of experience defending DUI charges will fight for you to get the best outcome possible. 

An aggravated DUI is either a class 4 or 6 felony depending on the aspects of the case and both class 4 and 6 felonies have serious fines and mandatory jail times.

Common penalties for a first-time aggravated DUI (class 4 felony):

• Between 4 months and 3.75 years in prison
• Minimum of $4,700 in fines and fees
• Loss of Driver’s License 
• Alcohol counseling
• Probation
• Community service
• 2 years of ignition interlock device in vehicle

Common penalties for a first-time aggravated DUI with prior felony convictions:

• Between 2 years and 7.5 years in prison
• Minimum of $4,700 in fines and fees
• Loss of Driver’s License
• Alcohol counseling
• Probation
• Community service
• Two years of ignition interlock device in vehicle

*If you have more than one previous felony conviction, the mandatory prison time increases.

Common penalties for a first-time aggravated DUI (class 6 felony):

• From 1 day up to 2 years in jail 
• Minimum $4,700 in fines and fees
• Loss of driver’s license
• Alcohol counseling
• Probation
• Community service
• Two years of ignition interlock device in vehicle

Common penalties for a first-time aggravated DUI (class 6 felony) with a prior conviction:

• Between 9 months and 2.75 years in prison
• Minimum of $4,700 in fines and fees
• Drivers license revoked
• Alcohol counseling
• Probation
• Potential community service
• 2 years of ignition interlock device in vehicle

Whether a driver is being charged with a standard DUI, extreme DUI or aggravated DUI, a conviction comes with large fines, counseling and mandatory jail time. With this much at stake, you need help and the veteran DUI lawyers at JacksonWhite are ready to craft the best defense. We are ready to help you at: (480) 660-3021