Aggravated DUI


Aggravated DUI: Felony DUI

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Our law firm has handled all varieties of felony aggravated DUI in Arizona.  Our firm has DUI attorneys on staff who were previously DUI prosecutors.  We have a wealth of experience handling these types of cases.

Felony Aggravated DUI is a serious offense in Arizona.  Unfortunately, many people are charged with felony DUI due to the fact that their license to drive was suspended or restricted at the time of their DUI.  This license suspension transforms what otherwise would be a regular misdemeanor DUI into a felony.

If you were previously convicted of a misdemeanor DUI, and your license was suspended, it is critical that you return to the Arizona MVD and reinstate your license. Many people aren’t aware that they need to return to the motor vehicle department to pay a reinstatement fee to remove any suspension of their license. Anyone convicted of a DUI in the past should go to the MVD to request a copy of the record. You want to make sure that there are no suspensions or restrictions on your license.

In Arizona there are several ways to be charged with an Aggravated DUI

1) If you are driving on a suspended or restricted license and you are impaired to the slightest degree you can be charged with a felony.  This charge is a class four felony and carries with it a minimum sentence of four months in prison. The maximum is 3.75 years.  If the defendant has prior felony convictions, the prison time increases substantially.

2) Aggravated DUI can also be charged for the third DUI offense within 7 years. This charge does not require that the prosecutor prove that your license was suspended. It is similar to “three strikes and you’re out” laws. The law looks to when the offenses occurred, not when you actually were convicted in court.  The sentences for this type of aggravated DUI are the same as for suspended license Aggravated DUI (above).

3) Aggravated DUI is a class six  felony offense when impaired drivers have children under the age of 15 in the car with them. Legally, there is a substantial difference between Aggravated DUI class 4 felony (license suspension and prior convictions) with aggravated DUI a class 6 felony (kid in car). Driving impaired with a child in the car is a serious offense, but the jail or prison time associated with the crime is much lower. Usually people get the same amount of time in jail as is contained in the misdemeanor requirement.

That being said, felony DUI charges are extremely serious.  You may be given only a short amount of time to consider a plea agreement.  Felony cases in Arizona can move quickly.  As such, if you are interested in speaking with an attorney about your Aggravated DUI case, we suggest that you call our office well before your first court appearance. Our Aggravated DUI attorneys are available to answer any questions that you have about felony DUI cases. We are available for a free consultation in the office or over the phone. Please call 602-989-5000

Additional Penalties for Aggravated DUI in Arizona

Aggravated DUI Fines:
Aggravated DUI (Class 6 felony kid in car) — $4,670
Aggravated DUI (Class 4 felony) – $4,670

The Interlock Device

People convicted of Misdemeanor DUI, Extreme DUI, Super Extreme DUI and Aggravated DUI all have to install a certified ignition interlock device in their vehicles for a period of time ranging from 6 to 24 months.

  • Aggravated DUI (Class 6 felony kid in car) — Interlock Requirement for 2 years following license revocation

  • Aggravated DUI (Class 4 felony) – Interlock Requirement for 2 years following license revocation

 Drivers License Suspensions

  • Aggravated DUI (Class 6 felony kid in car) — license revocation

  • Aggravated DUI (Class 4 felony) – 3 year license revocation

Scroll down to learn more about DUI cases in Arizona.