Understanding Aggravated DUI Charges in Arizona

An Aggravated DUI in Arizona is not just a more serious form of driving under the influence—it is a felony offense with long-lasting consequences. If you’re facing aggravated DUI charges, the stakes are significantly higher, and the penalties can include years in prison, steep fines, and permanent marks on your criminal record.

Under A.R.S. § 28-1383, a DUI becomes ‘aggravated’ when certain conditions are met. You can be charged with Aggravated DUI if you:
– Commit DUI while your license is suspended, canceled, or revoked
– Have two prior DUI convictions within the past 7 years
– Commit DUI with a passenger under 15 years old in the vehicle
– Commit DUI while under an ignition interlock requirement
– Are driving the wrong way on a highway while under the influence

Unlike a regular DUI, which is typically a misdemeanor, Aggravated DUI is charged as a Class 4 or Class 6 felony, depending on the circumstances. This means significantly tougher consequences, including:
– Mandatory prison time: A first-time Aggravated DUI conviction typically results in 4 months, as a minimum, and include probation for up to 10 years
– Lengthy license revocation: Usually at least 1 year
– Fines and fees: Often exceeding $4,000
– Ignition interlock device: Required for at least 24 months
– Felony probation: Up to 10 years of supervised probation
– Loss of civil rights: Including voting rights and the right to own firearms

An Aggravated DUI conviction also means a felony record, which can affect your employment, housing, and ability to qualify for professional licenses. For non-U.S. citizens, it may result in immigration consequences, including deportation or denial of naturalization.

Despite the severity of these charges, defenses do exist. An experienced attorney can:
– Challenge the legality of the traffic stop or arrest
– Dispute the accuracy or calibration of breath or blood tests
– Argue lack of impairment despite BAC levels
– Identify procedural errors or constitutional violations
– Request a reduction to a misdemeanor DUI if aggravating factors are weak or unsupported

It’s important to act fast. Prosecutors take Aggravated DUI seriously and may push for maximum penalties. At Molina Law Group, we step in immediately to protect your rights, evaluate the evidence, and build a strong defense strategy tailored to your case.

We also advocate for alternatives to prison such as treatment programs, home detention, or intensive probation where available.

If you or a loved one has been charged with Aggravated DUI in Arizona, don’t wait. Contact Molina Law Group today for a confidential consultation and start building your defense now.