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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.
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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.