What is an aggravated DUI (Felony) – ARS 28-1383

Are you wondering: “what is an aggravated dui?” In Arizona Aggravated DUI charges under ARS 28-1383 represent one of the most severe DUI-related offenses. These felony charges occur when specific aggravating factors—such as driving with a suspended license or having a minor in the vehicle—are present during a DUI arrest. Convictions can bring life-changing penalties, including time in prison, heavy fines, and even long-term license revocation. At The Law Offices of John Phebus, we defend your rights and take all measures to reduce the impacts these charges will have on your future. Below, we explain all you need to know about Arizona’s aggravated DUI offenses.

Understanding What is an Aggravated DUI in Arizona

Under Arizona law, a DUI becomes “aggravated” when specific factors escalate the severity of the offense. Examples of aggravating circumstances include:

• Driving under the influence with a suspended, revoked, or canceled driver’s license.
• Having three or more DUI convictions within the past seven years.
• Operating a vehicle while impaired with a child under the age of 15 as a passenger.

These conditions elevate the charge to a felony, resulting in stricter penalties. Aggravated DUIs are treated with particular severity under the state’s strict DUI laws, and those convicted may face immediate and serious legal action.

How is an Extreme DUI Defined in Arizona?

Extreme DUI is a particular classification of DUI in Arizona and, at the same time, is based on blood alcohol concentration. The BAC of 0.15% or higher will classify one as an extreme DUI even if no additional aggravating factors are present.

While an Extreme DUI is still a misdemeanor, the sentence carried is harsher than that of a regular DUI, and can include:

• Imprisonment of at least 30 days for first-time offenders.
• Hefty fines and court costs.
• Any vehicles operated by the defendant shall be equipped with an ignition interlock device.

How Does Aggravated DUI Differ from DWI?

DUI and DWI are sometimes used interchangeably in the state, but the state mainly uses DUI as the official terms. Aggravated DUI is a specific felony charge applied when certain aggravating factors occur during the time of the offense.

Yet the big difference is in the degree: While a simple DUI or DWI can be a misdemeanor, the aggravated form of DUI usually encompasses conditions such as driving under suspension or multiple offenses, therefore felony charges with higher fines.

Possible Penalties for Aggravated DUI in Arizona

First Offense Felony DUI:

A first offense includes at least four months in prison, a one-year license revocation, fines, and mandatory ignition interlock installation.

DUI Felony – Second Offense

A second offense carries a minimum of eight months in prison, longer license suspension, higher fines, probation, and required substance abuse treatment.

Third Offense Felony DUI or More:

A third or subsequent offense could result in imprisonment of up to 2.5 years, permanent license revocation, and severe financial penalties.

What is an Aggravated DUI with a Minor in the Vehicle

Aggravated DUI charges are automatically applied if a minor under the age of 15 was present in the vehicle at the time of the offense. This is because there is another stripe added to the charge, based on the fact that a child’s safety has been compromised, thus endangering their welfare. Courts consider these to be particularly serious, due to longer sentences in jail or even higher fines imposed by the court.

Further Consequences of an Aggravated DUI Conviction

Besides the fines and imprisonment, a conviction of aggravated DUI may lead to other sanctions such as:

• Community service.
• Probation for longer periods.
• Attendance in counseling or rehabilitation programs ordered by the court.

These increased sanctions also ensure public safety and target potential underlying issues, including drug or alcohol addiction, which may have been contributory to the commission of the offense.

Defenses to Aggravated DUI Charges

Aggravated DUI is a serious felony; however, with the many possible defenses and maybe changes in sentencing, it really will be specific to the facts of your case.

• Attacking the Traffic Stop: Police need reasonable suspicion to make a traffic stop. If their officer cannot articulate the reasons for stopping you, anything found during the stop will be deemed inadmissible evidence for prosecution of this crime.
• Challenging BAC Results: Various reasons stand in the way of the accuracy of the BAC test, which include malfunctioning equipment, improper calibration, and sample collection and handling errors. For instance, blood samples may get contaminated if mishandled, leading to faulty readings. According to DUI legal guidelines, Arizona law does demand that testing be carried out according to specific protocols to ensure reliable results.
• Lack of Aggravating Factors: In cases where you didn’t know your license was suspended, an experienced lawyer may argue this as a defense to lower or dismiss the felony charge.
• Lack of Intent or Knowledge:  In cases where you didn’t know your license was suspended, an experienced lawyer may argue this as a defense to lower or dismiss the felony charge.

An experienced attorney in DUI cases will carefully scrutinize every minute detail in your case, ranging from how the evidence was gathered to whether the procedures involved were in compliance with the law in Arizona. Besides that, they can be in contact with prosecutors negotiating lesser penalties or alternatives: diversion programs.

How the DMV Handles Aggravated DUI Cases

Breath Test and Refusal Cases:

Refusal of a breath test is an automatic license suspension in the state, regardless of the outcome of your criminal case. The DMV often treats a test refusal as an aggravator that complicates your case further.

Legal Updates on Aggravated DUI:

The state’s laws on DUI are constantly evolving. For example, new criminal jury instructions, recently published by the Arizona Bar, explain how the courts will now handle specific aspects of DUI cases. Knowledge of these changes can enhance your defense.

Blood Test and Urine Test Cases:

Impairment is usually determined through various tests on blood and urine. However, the collection, handling, or storage of samples may go wrong and hence affect the result. Such instances may well serve as valid reasons for a legal challenge, where in some cases, results may even be ruled as inadmissible in court.

Final Realities of Facing an Aggravated DUI

An aggravated charge of DUI can affect your life on many levels, from severe legal consequences and financial burdens that may extend to incarceration, loss of driving privileges, and long-lasting effects on your career and personal life.

Book Your FREE Consultation Now

Knowing What is an Aggravated DUI are overwhelming, but you do not have to face them by yourself. Here at The Law Offices of John Phebus, we are ready to protect your rights and fight for the best possible outcome. Call us now at (623) 847-7117 or visit us at 17505 N. 79th Ave #314, Glendale, AZ 85308, to schedule your FREE consultation today.

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