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What Are The Mandatory Minimum & Maximum Penalties for an Aggravated DUI?

When someone is charged with an Aggravated DUI or a felony DUI in Arizona, it can be a scary life changing experience for them. A felony DUI charge should not be taken lightly as the penalties for an Aggravated DUI conviction in Arizona can be very harsh. The penalties and severity of punishments depend on several factors and the prior criminal record of the offender. For example, some of the most common aggravating factors include:

  • Presence of a child under the age of 15 years in the vehicle at the time of arrest
  • 2 or more prior DUIs within 2 years
  • DUI with a suspended or revoked driver’s license
  • DUI with an Ignition Interlock Device installed in the vehicle

Presence of a child in the vehicle is considered a class 6 felony, whereas the remaining types of Aggravated DUIs are considered class 4 felonies. Read on to understand the mandatory minimum penalties for an Aggravated DUI in Arizona and the maximum penalties for lass 6 and class 4 felony cases.

Mandatory Minimum Penalties for an Aggravated DUI

For a class 4 felony Aggravated DUI in Arizona, the mandatory minimum prison time is 4 months in prison, $750 fine with an 83% surcharge. Other fines include $1,500 construction fund, $1,500 public safety equipment fund, and $250 DUI assessment fee. The offender will also be required to undergo counseling and will have to have an Ignition Interlock Device installed in their vehicle for at least 24 months and will face a 3 years revocation of their driver’s license.

For a class 6 felony, Aggravated DUI in Arizona, mandatory minimum prison time is the same as for a class 1 misdemeanor. Fines for a class 6 felony are also the same as for a class 1 misdemeanor. The offender will be required to undergo counseling for at least 12 months and will also have to have an Ignition Interlock Device installed in their vehicle for at least 12 months. Their driver’s license will be revoked but they may have the option to apply for a restricted license.

Apart from these penalties, the court may also order community service and may place the offender on felony probation for a felony DUI in Arizona. The offender will have to pay a monthly probation fee of $65 per month and they will have to check in with probation monthly.

Maximum Penalties for an Aggravated DUI

The maximum penalty for a class 6 felony is 2 years in prison if the offender has no prior felony offenses, whereas the maximum penalty for a class 4 felony is 3.75 years in prison without any prior felony offenses. The maximum fine for both class 4 felony and class 6 felony cases is $150,000 along with an 83% surcharge. These penalties increase drastically if prior felony convictions are present. Those felony convictions don’t necessarily have to be DUI felonies. In case of one prior felony, the maximum punishment is 7.5 years, and in case of two prior felonies, the maximum penalty increases to 15 years.

Getting convicted for an Aggravated DUI in Arizona should be avoided at all costs by contacting an experienced attorney for legal help and assistance.

 

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