Aggravated DUI in Arizona law – ARS 28-1383

An Aggravated DUI in Arizona is a felony-level charge of driving under the influence of alcohol or drugs. The most common aggravated DUIs are drunk driving on a suspended license, drunk driving with an ignition interlock device (IID), and third DUIs. Under ARS 28-1383, penalties typically include at least four months in prison, $4,000 in fines, and a minimum 1-year license suspension.

In this article, our Arizona criminal defense attorneys discuss:

• 1. What is Aggravated DUI in Arizona?
• 2. What is the penalty under ARS 28-1383?
• 3. How long is the license revocation?
• 4. Can the case be dismissed?
• 5. Can an Aggravated DUI be set aside?

1. What is Aggravated DUI in Arizona?

Aggravated DUI in Arizona is a felony-level charge of driving under the influence of alcohol or drugs. An otherwise regular DUI becomes aggravated in the following five circumstances:

1. The defendant picks up a DUI while the license is suspended or revoked;
2. The defendant has at least two DUIs in the past seven years;
3. The defendant is transporting a child under 15 years old;
4. The defendant is under an order to drive with an ignition interlock device (IID); or
5. The defendant is driving on the wrong side of the highway

2. What is the penalty under ARS 28-1383?

The punishment for aggravated DUI in Arizona depends on why the case is “aggravated.”

2.1. Suspended / revoked license

Driving under the influence with a suspended or revoked license is a class 4 felony in Arizona. The sentence includes:

• Minimum 4 months of Arizona State Prison time;
• At least $4,000 in fines;
• Minimum 1-year driver’s license suspension;
• Alcohol or other drug screening, education or treatment;
  
• Minimum 24 months of IID (if the DUI involved only drugs, the court may order an IID for 12 months);
• A traffic survival school course; and
  
• Forfeiture of the vehicle

2.2. At least two DUIs in past 7 years

Driving under the influence with two or more past DUI convictions in the last seven years class 4 felony in Arizona. The punishment for a third-DUI includes:

• Minimum 4 months in prison (if the defendant has three or more DUIs in the last seven years, then the minimum prison sentence is 8 months);
• At least $4,000 in fines;
• Minimum 1-year driver’s license suspension;
• Alcohol or other drug screening, education or treatment;
• Minimum 24 months of IID (if the DUI involved only drugs, the court may order an IID for 12 months);
• A traffic survival school course; and
  
• Forfeiture of the vehicle

2.3. Transporting child 14 or younger

Driving under the influence with a child passenger under 15 years old is a class 6 felony in Arizona. The prison term depends on the defendant’s blood alcohol content (BAC) level:

• At least $4,000 in fines;
• Minimum 1-year driver’s license suspension;
• Alcohol or other drug screening, education or treatment;
• Minimum 24 months of IID (if the DUI involved only drugs, the court may order an IID for 12 months);
• A traffic survival school course; and
  
• Forfeiture of the vehicle

2.4. IID requirement

Driving under the influence while ordered to drive with an IID is a class 4 felony in Arizona. The sentence includes:

• At least $4,000 in fines;
• Minimum 1-year driver’s license suspension;
• Alcohol or other drug screening, education or treatment;
• Minimum 24 months of IID (if the DUI involved only drugs, the court may order an IID for 12 months);
• A traffic survival school course; and
  
• Forfeiture of the vehicle

2.5. Wrong direction

Driving under the influence while going the wrong way on a road is a class 4 felony in Arizona. The punishment includes:

3. How long is the license revocation?

An aggravated DUI carries a minimum one-year license suspension.³ The only way DUI defendants can keep their license is to win the criminal case and also the administrative case with the Arizona Motor Vehicles Department (MVD).

The criminal case and the MVD hearing are entirely separate proceedings. People who win the criminal case still face a license suspension if they lose the MVD case, and vice versa.

MVD hearings are more difficult to win than criminal cases. This is because the MVD requires a low standard of proof to determine whether the defendant was under the influence of alcohol or drugs. Meanwhile, the criminal court requires a high standard of proof: Beyond a reasonable doubt.

4. Can the case be dismissed?

The following are sample defenses an Arizona DUI attorney may use to try to get an aggravated DUI charge reduced to a misdemeanor DUI or dismissed:

1. The defendant’s license was not suspended at the time of the DUI.
2. The defendant did not have two or more DUI convictions in the prior seven years.
3. Any passengers the defendant was transporting were at least 15 years old.⁴
4. The defendant was not required to drive with an IID.⁵
5. The defendant was not going the wrong way on the road.
6. There was no probable cause for the police officer to arrest the defendant.
7. The breathalyzer was defective and registered inaccurate blood alcohol concentration (BAC) results.
8. Law enforcement waited too long to administer the blood test.
9. The defendant was not in actual physical control of the car while intoxicated.
10. The defendant had a medical or physical condition that caused inaccurately high BAC levels.

5. Can an Aggravated DUI be set aside?

Aggravated DUI defendants who completed all of their sentencing terms can petition the court to set aside the felony conviction.⁶ “Set asides” alert anyone running a future background check – like future employers – that the defendant is done with the DUI case. Since Arizona law does not permit record seals or expungements, a set aside is the next best thing.

Contact our DUI defense attorneys if you’re facing first time or repeat DUI / DWI charges. Our DUI lawyers serve clients throughout Arizona, including Phoenix, Scottsdale, Mesa, and more.

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