Aggravated DUI

If you are charged with an Aggravated DUI offense, it is extremely important that you fully and completely understand the potential ramifications of the Aggravated DUI offense if you are found guilty. The Aggravated DUI laws in Arizona are tough, complicated, and often misunderstood by those charged with Aggravated DUI, and also inexperienced attorneys who do not know how to handle Aggravated DUI cases. The potential penalties for an Aggravated DUI offense include, but are not limited to, time in prison and/or jail, incarceration costs, fines and fees, restitution, supervised probation, community supervision, and loss of rights to vote and possession firearms.
 

Aggravated DUI, Class 4 Felony, A.R.S. §28-1383 (A)(1) and (A)(2)

A Class 4 Felony Aggravated DUI offense does carry a mandatory minimum sentence if you are found guilty. The maximum possible penalty that may be imposed for a Class 4 Felony Aggravated DUI is up to 3.75 years in prison, fines of up to $150,000 plus surcharges, and up to ten (10) years of supervised probation. The mandatory minimum sentence for a Class 4 Felony. Aggravated DUI offense is as follows:

• One hundred and twenty (120) days in prison.
• Alcohol abuse screening, counseling and treatment.
• Community Restitution may be ordered.
• A fine of $750.00 plus surcharges.
• A $250.00 DUI Abatement Fund Fee.
• A $1,500.00 Prison Construction and Operations Fund fee.
• A $1,500.00 Public Safety Equipment Fund fee.
• Installation of an Ignition Interlock Device for twenty-four (24) consecutive months.
• MVD will also revoke your driving privileges for three (3) years.

Aggravated DUI, Class 6 Felony, A.R.S. §28-1383 (A)(3)

A Class 6 Felony Aggravated DUI offense does not carry the same potential penalties and mandatory minimum sentence of a Class 4 Felony Aggravated DUI. However, the maximum possible penalty that may be imposed for a Class 6 Felony Aggravated DUI is up to 2.0 years in prison, fines of up to $150,000 plus surcharges, and up to ten (10) years of supervised probation.

A Class 6 Felony Aggravated DUI offense may be charged under any one of the following circumstances:

• If a person commits a violation of the misdemeanor DUI laws (A.R.S.§28-1381 or A.R.S. §28-1382) with a person under the age of fifteen (15) in the vehicle.
• If a person who is required to have an Ignition Interlock Device installed in their vehicle refuses to submit to a blood, breath, or urine test requested by an officer conducting a DUI investigation.

The mandatory minimum jail sentence for a Class 6 Felony Aggravated DUI offense is determined by the blood alcohol concentration of the person charged as detailed under the description of the mandatory minimum sentences for misdemeanor DUI offenses. A Class 6 Felony Aggravated DUI offense also carries additional penalties, in addition to the mandatory minimum jail sentence, which are as follows:

• Up to ten (10) years of supervised probation.
• Alcohol abuse screening, counseling and treatment.
• Community Restitution may be ordered.
• A fine of $750.00 plus surcharges.
• A $250.00 DUI Abatement Fund Fee.
• A $1,500.00 Prison Construction and Operations Fund fee.
• A $1,500.00 Public Safety Equipment Fund fee.
• Installation of an Ignition Interlock Device for twenty-four (24) consecutive months.
• MVD may also revoke your driving privileges for up to three (3) years.

 
The penalties for a second offense Class 4 or Class 6 Aggravated DUI dramatically increase, and there are additional penalties imposed by the MVD that are important to understand. Our experienced legal team can properly advise you of the potential penalties you are facing, and diligently work towards reducing or eliminating the charged offense.

Fountain Hills Law Firm represents individuals throughout the Phoenix Metropolitan area to include Scottsdale, Mesa, Tempe, Gilbert, Chandler, and also Payson and Gila County. If you have been accused of a crime, a DUI defense lawyer is available 24 hours a day, 7 days a week to assist you with your criminal legal matter.

To schedule a free consultation with a DUI defense attorney at Fountain Hills Law Firm, please call us at 480.345.2993 or fill out our online contact form.