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Penalties and Consequences for Aggravated DUI in Arizona

Aggravated DUI in Arizona are very serious. Once someone is convicted of an aggravated DUI in Arizona, it will be considered “Forever Allegeable”, meaning the DUI conviction will be used against the person forever. The conviction will be considered a “Prior Felony Conviction” if the person is ever charged with a felony offense again.

Aggravated DUI Arizona (Felony) – ARS 1328-1383

An aggravated DUI in Arizona is considered a Felony and is defined under A.R.S. §1328-1383 of the Arizona Revised Statutes. It refers to Driving Under the Influence of intoxicating liquor (or drugs) while license suspended, or third DUI/DWI within seven years.

Most aggravated DUIs are class 4 felony crimes. A driver can be subject to felony penalties in any of these cases:

  • Convicted for any DUI or DWI charge while the driver’s license was restricted, suspended, or revoked
  • Convicted for a 3rd DUI or DWI within 7 years from the first violation
  • Charge alleging a DUI with a child under 15 years old in the car
  • Charge alleging a DUI while on an ignition interlock device

Penalties For Aggravated DUI

The penalties for an aggravated DUI, a class 4 felony, in Arizona include the following:

  • 4 months mandatory minimum prison sentence, up to 3.75 years in prison.
  • The offender will be required to pay approximately $5,000 in fines and fees. These include $750 + 83% surcharge, $1,500 prison construction fund, $1500 public safety equipment fund, and $250 DUI assessment fund.
  • Alcohol Counseling, the required hours will be determined by adult probation department.
  • 3 years license revocation
  • Ignition Interlock required for at least 24 months
  • Possible community service
  • SR22 High Risk insurance required

Consequences of an Aggravated DUI

The consequences of an aggravated DUI can be extremely devastating. First of all, the offender has to face license suspension, which are the MVD consequences. The loss of driving privileges is a great handicap. A DUI on the driver’s record also causes the insurance rates to spike.

Apart from the penalties levied by the court, which include jail time and fines and fees, there are also the incidental consequences. These affect the person’s employment, child custody rights, and immigration. Then there is an emotional toll of a conviction on their record as the conviction stays on their record for life.

Contact A DUI Attorney In Arizona

These long term consequences should never be ignored when evaluating your case. Contact an experienced DUI defense attorney and seek the best resolution for your case. A good counsel can handle the case skillfully and negotiate through the litigation to a lenient sentence.

The circumstances of each Aggravated DUI case are different, that is why no two Aggravated DUIs are the same. If the case is dismissed at trial, or if the person pleas to something other than an Aggravated DUI, then the mandatory minimum penalties listed above won’t apply.

If you are facing an Aggravated DUI in Arizona, you can call the DM Cantor at 602-560-4004 for a free initial consultation to discuss your case.

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