Phoenix Aggravated DUI Attorney

Facing Felony DUI Charges? We Here to Fight for You.

If you’ve been arrested for an Aggravated DUI in Arizona, you’re facing one of the most serious DUI-related charges under state law. Unlike standard DUIs, an Aggravated DUI is charged as a felony—and that means mandatory prison time, loss of driving privileges, and long-term consequences for your career, civil rights, and personal freedom.

We understand the high stakes involved in these cases. Our experienced DUI defense attorneys aggressively protect your rights and challenge every aspect of the state’s case against you.

What Is an Aggravated DUI in Arizona?

Under ARS § 28-1383, an Aggravated DUI (also called felony DUI) occurs when certain aggravating factors are present at the time of a DUI arrest. You can be charged with an Aggravated DUI in Arizona if any of the following apply:

• You were driving on a suspended, revoked, or canceled license
• You have two prior DUI convictions within the past seven years
• You were driving with a minor under 15 years old in the vehicle
• You were driving the wrong way on a highway
• You were required to have an ignition interlock device and did not have it installed

These aggravating circumstances elevate what might otherwise be a misdemeanor DUI to a felony offense.

Aggravated DUI Penalties in Arizona

Aggravated DUI is typically a Class 4 felony, which means it carries mandatory prison time—not just jail—and severe additional consequences. Here are the penalties you could face if convicted:

First-Time Aggravated DUI (Class 4 Felony)

• Minimum of 4 months in prison
• Driver’s license revoked for 3+ years
• Required installation of ignition interlock device for 2 years
• Supervised probation & monthly fees
• Mandatory alcohol screening and treatment
• Thousands in fines, court costs, and fees
• Loss of civil rights, including voting and firearm possession

Aggravated DUI with a Minor in the Car (Class 6 Felony)

• This lesser form of Aggravated DUI still carries steep penalties, including:
• Up to 90 days in jail
• Mandatory alcohol classes
• Potential for probation or prison depending on prior convictions

Repeat Felony DUI Offenders

• Second Aggravated DUI: Minimum 2.25 years in prison
• Third Aggravated DUI: Minimum 6 years in prison, with a possible maximum of 15 years

How We Defend Against Aggravated DUI Charges

We use a strategic, evidence-driven approach to fight your case. Common DUI defenses include:

• Lack of Reasonable Suspicion for the traffic stop
• Unlawful Arrest or denial of your right to counsel
• Faulty blood or breath tests due to improper calibration
• No actual physical control of the vehicle
• Medical conditions or other issues affecting test results
• Unreliable field sobriety tests or officer error

We also challenge any claims that you violated interlock requirements or were driving on a suspended license due to MVD error.

Don’t Wait. Get Legal Help Now.

If you’ve been charged with Aggravated DUI, time is critical. Contact us today for a free consultation. We’ll review your case, explain your options, and begin building a strong defense right away.