Click on the Triangle Icon to Expand Menu

Arizona Felony Aggravated DUI Defense

– FOR IMMEDIATE HELP CALL (602) 825-2500

Choose Topic:

Felony Aggravated DUI – Our Goal is to Get Your DUI Dismissed!

Many Arizona DUIs are misdemeanors, including regular, extreme, and super extreme DUIs. However, you can be charged with an aggravated or felony DUI in the state when certain aggravating factors are present.

An aggravated DUI is a felony and carries harsh penalties and other repercussions. If you face aggravated felony DUI charges, you should promptly retain an experienced defense lawyer at Colburn Hintze Maletta.

Charged with an Arizona Felony Aggravated DUI?
Get Immediate Help from Our Arizona Defense Attorneys.
We are Available to Talk Now.

Or, Continue Reading Below About:
Aggravated DUI Laws, Penalties & Defenses

How does a DUI become a Felony or Aggravated?

Under ARS 28-1383, there are several scenarios under which a regular DUI could be transformed into a felony offense. These scenarios are considered aggravating factors and include the following:

  • 28-1383(A)(1) – Driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs while driving under a suspended, revoked, or restricted driver’s license.
  • 28-1383(A)(2) – Driving or being in actual physical control of a vehicle while under the influence after having two or more prior DUI convictions within the last seven years.
  • 28-1383(A)(3) – Driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs with someone younger than the age of 15 in the car.
  • 28-1383(A)(4) – Driving or being in actual physical control of a vehicle while under the influence and while required to have an ignition interlock device installed.
  • 28-1383(A)(5) – Driving the wrong way on a road or highway while under the influence of alcohol or drugs.

What are the Penalties for an Aggravated Felony DUI?

If you are charged with an aggravated or felony DUI in Arizona, you will face harsh penalties. An aggravated or felony DUI can be a Class 4 or Class 6 felony.

The penalties you might face will depend on your criminal record and other factors. Continue reading below to see which of the possible felony DUI charges you might face.

These charges might sound very confusing.That is why we are Here to Help Explain – Give us a Call (602) 825-2500.

Penalties for a Class 4 felony DUI with no previous felony convictions

You will be charged with a Class 4 felony for your third DUI, driving while impaired with a restricted or revoked license, driving while impaired when required to have an IID, or driving the wrong way while impaired.

A conviction for one of these offenses will carry the following penalties:

  • Minimum mandatory four months up to 3.75 years in prison
  • Probation for up to 10 years
  • Fees and fines totaling $4,600 plus monthly probation costs and ignition interlock device fees
  • 12-month driver’s license revocation
  • Three-year revocation if it is your third DUI offense
  • Mandatory 24-month ignition interlock device installation for an alcohol-related DUI; IID is at the judge’s discretion in drugged driving cases
  • Traffic survival school
  • Eight (8) points on your driving record
  • Alcohol screening and classes
  • Potential community service hours
  • SR-22 insurance

Penalties for a Class 4 Felony DUI with One Prior Felony

If you are convicted of a Class 4 felony DUI and have any prior type of felony on your record, you will face the following penalties:

  • Prison from 2.25 years to 7.5 years for one allegeable prior felony
  • Prison from four months up to 3.75 years with one prior non-allegeable felony
  • $4,600+ in fines and fees
  • 12-month driver’s license revocation without restricted license eligibility
  • For two prior DUI convictions within seven years, a three-year revocation of your license
  • 24-month installation of an ignition interlock device for alcohol-related DUI convictions
  • Substance abuse screening and classes
  • Potential community service hours
  • Traffic survival school
  • Eight (8) points on your driving record
  • SR-22 insurance

Penalties for a Class 4 Felony DUI with Two or More Previous Felonies

If you are convicted of a class 4 felony DUI and have two or more previous felonies on your record, you will face the following penalties:

  • If the two prior felonies are allegeable, up to 15 years in prison
  • If the two prior felonies are not allegeable, up to 7.5 years in prison
  • Fines and fees totaling $4,600+
  • 12-month license revocation or three years if you have two prior DUIs within seven years
  • 24-month ignition interlock device installation for alcohol-related DUIs
  • Substance abuse screening and classes
  • Potential community service hours
  • Eight (8) points on your driving record
  • Traffic survival school
  • SR-22 insurance

Penalties for a Class 6 Felony DUI with No Previous Felonies

The only aggravated DUI offense that is charged as a Class 6 felony occurs when you drive while impaired with someone younger than the age of 15 in your car.

If you are convicted of this offense and have no prior felony convictions, you will face the following penalties:

  • Jail from 10 days up to two years of prison
  • Up to 10 years of probation
  • Nine jail days can be suspended if you complete your substance abuse screening and classes
  • Eligible for work release or furlough if sentenced to more than 48 hours in jail
  • $4,600+ in fines and fees
  • 12-month revocation of your license
  • May be eligible for a restricted license after 90 days with an ignition interlock device and SR-22 insurance
  • 12-month ignition interlock device installation
  • Probation for up to 10 years
  • Substance abuse screening and classes
  • Possible community service hours
  • Eight (8) points on your driving record
  • SR-22 insurance

Penalties for a Class 6 Felony DUI with One Previous Felony

If you are convicted of a Class 6 felony DUI and have one prior felony on your record, you will face the following penalties:

  • One prior allegeable felony – From 0.75 to 2.75 years in prison
  • One prior non-allegeable felony – From 0.25 to 2 years in prison with no probation eligibility
  • $4,600+ in fees and fines
  • 12-month revocation of your license or three years if the previous felony was an aggravated DUI
  • 24-month ignition interlock device installation
  • Substance abuse screening and classes
  • Possible community service hours
  • Eight (8) points on your license
  • SR-22 insurance
  • Traffic survival school

Penalties for DUI with Child in Car and Two Prior Felonies

If you are convicted of a DUI with a child in the car and have two prior felonies, this can be one of the most serious violations. You will face the following penalties:

  • Up to 5.75 years in prison for allegeable prior felonies
  • Up to 2.75 years in prison with non-allegeable prior felonies
  • $4,600+ in fees and fines
  • 12-month driver’s license revocation or three-year revocation if one of the prior felonies involved a DUI
  • 24-month ignition interlock device installation
  • Substance abuse screening and classes
  • Possible community service hours
  • Eight (8) points on your driving record
  • Traffic survival school
  • SR-22 insurance

Effective Aggravated Felony DUI Defense Tactics

When you meet with a DUI attorney at Colburn Hintze Maletta, we will review the evidence in your case to determine the best strategies to take in your defense. Some of the potential defenses that might be raised include the following:

  • No reasonable suspicion for your stop
  • Lack of probable cause for your arrest
  • Problems with how the police administered the standardized field sobriety tests
  • You did not have actual physical control of your vehicle
  • Refusal of an independent blood test
  • Your Miranda Rights were not properly read to you
  • Chain of custody problems
  • Violation of your right to counsel
  • Invalid or unreliable blood or breath tests
  • You had a valid license for a DUI on a suspended license charge

While you might think that being charged with a felony DUI means that you will be convicted, it is possible to defend against these types of charges.

Working with an experienced lawyer can increase your chances of securing a plea to a reduced charge or more favorable sentence.

In many cases, our attorneys are able to mount defenses that result in outright DUI dismissed of the charges against our clients or not-guilty verdicts at trials. You should never try to represent yourself when you are facing these types of charges.

Help from an Aggravated DUI Lawyer at Colburn Hintze Maletta

If you are facing felony DUI on a suspended license, a third DUI within seven years, or another type of aggravated DUI, you should get legal help as soon as possible.

The felony DUI lawyers at Colburn Hintze Maletta will carefully review your case and explain the potential defenses that you might raise. We understand how to defend against all DUI offenses, including felony DUIs.

Our team of elite attorneys have successfully defended many people against felony DUI charges and will work to secure the most favorable outcome possible for you.

Always Available 24/7 for Legal Help
Schedule an Appointment Today!

Call Us Now to Speak with an Attorney (602) 825-2500

What People Say

Client Testimonials

Arizona attorney Darin Colburn

“The calm in the middle of my storm…”

I, recently, consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again, however, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.

Frank - AVVO Review

Divorce / Reconciliation Client
Attorney David Maletta

“There is NOBODY I would rather have defending me than David”

I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.

Jacob - AVVO Review

DUI Defense Client
Arizona attorney Darin Colburn

“Because of Darin I got my daughter back”

Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!

Chris - AVVO Review

Child Custody & Support Client
Attorney David Maletta

“I was found NOT GUILTY. Dave won the trial for me.”

Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trialWatching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.

Gregory - AVVO Review

Criminal Defense Client
Arizona Attorney Timothy Hintze

“Tim was absolutely amazing and worked diligently”

I had an incident and was Given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now I am on the path to having my case fully dismissed. A couple things that really helped me through this process was that Tim did an amazing job at was answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future and as of right now they will be my first choice if I need a lawyer in the future.

Dylan - AVVO Review

Criminal Defense Client
Arizona Attorney Timothy Hintze

“Listens to every request that you make on a case”

I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.

Ben - AVVO Review

Criminal Defense Client
Call Now Button