Aggravated DUI in Arizona ( § 28-1383)

Phoenix DUI LawyerIn Arizona, Aggravated DUI is a felony. There are four “aggravators” that can turn a misdemeanor DUI into a felony DUI:

  1. Committing a DUI while your driver’s license is suspended or revoked, is a class 4 felony;
  2. Committing your third or more DUI within 84 months (7 years), is a class 4 felony;
  3. Committing a DUI while you are legally obligated to have an ignition interlock devise installed in your vehicle, is a class 4 felony;
  4. Committing a DUI with a child age 15 or younger in the vehicle, is a class 6 felony.

A conviction for aggravated DUI will cause you to lose your voting rights and your right to possess a firearm. It may also impact your ability to get employment, public benefits, or even lease an apartment. A conviction for aggravated DUI also requires prison time – as opposed to county jail time. This means you will be housed at the Arizona Department of Corrections and will not be given work release.


Possible penalties for Aggravated DUI:

  • A minimum of 4 months in prison, which could be aggravated up to 3.75 years
  • Revocation of your driving privileges for one year
  • Installation of an ignition interlock for 24 months
  • A minimum fee of $750.00
  • A felony conviction
  • Loss of any professional licenses

How to Defend an Aggravated DUI?

The Aggravated DUI lawyers at Lerner and Rowe will work to get your case dismissed or get the charge reduced to a misdemeanor. If the charge is reduced to a misdemeanor you will be doing one day in jail instead of 4 months in prison. As part of your defense, your DUI lawyer will explore the following issues:

  • The constitutionality of the stop of your vehicle
  • Whether the arresting officer(s) followed proper police procedure
  • Was the scientific testing in your case valid and reliable
  • Whether there were violations of your Miranda rights or right to counsel

Get Help From Our Aggravated DUI Lawyers

Driving under the influence is a serious offense with serious consequences. If you’ve been arrested for Aggravated DUI contact a DUI attorney at the Lerner and Rowe Law Group. Give us a call at 602-667-7777 to schedule your free consultation. We’re available 24/7 to take your call.