Aggravated DUI

Under A.R.S. § 28-1383, a DUI is elevated to aggravated DUI — a felony — when committed under certain aggravating circumstances. Aggravated DUI represents the most serious category of DUI charge in Arizona.

Aggravating Circumstances

• Committing a DUI while the driver’s license is suspended, canceled, revoked, or refused
• A third or subsequent DUI within 84 months (seven years)
• Committing a DUI while required to have a certified ignition interlock device
• Committing a DUI with a passenger under fifteen years of age in the vehicle
• Driving the wrong way on a highway while under the influence

Penalties

Aggravated DUI is a Class 4 felony in most circumstances, though wrong-way DUI is a Class 6 felony. Penalties include a minimum of four months in prison (if granted probation), substantial fines, mandatory substance abuse treatment, and long-term license revocation. A person with prior felony convictions faces significantly enhanced prison exposure.

Defenses

In addition to the standard DUI defenses, defense strategies for aggravated DUI include challenging the validity of the prior convictions, disputing whether the defendant’s license was actually suspended at the time of the offense, and contesting whether a minor was actually present in the vehicle.