Arizona Aggravated DUI Lawyers
Charged with aggravated (felony) DUI in Arizona? Under A.R.S. § 28-1383 a DUI becomes a felony when you drive on a suspended license, get a 3rd DUI in 84 months, drive impaired with a child under 15, or drive while ordered to use an interlock. A Class 4 aggravated DUI carries a mandatory minimum 4 months in prison and a permanent felony record. Do not talk to police before you call us.
Recognized By
As Seen On
Recognized By
What Is Aggravated DUI in Arizona?
Quick answer: Aggravated DUI (A.R.S. § 28-1383) is a felony DUI. An ordinary DUI is charged as aggravated when it happens under an aggravating circumstance, most often a suspended or revoked license, a third DUI within 84 months, a passenger under 15 in the vehicle, or driving while required to use an ignition interlock. Most aggravated DUIs are Class 4 felonies carrying a mandatory minimum 4 months in prison, license revocation, and an interlock requirement; a DUI with a child under 15 is a Class 6 felony. The defense attacks both the underlying DUI (the stop, the testing, impairment) and the aggravating factor itself.
Both Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending aggravated DUI and other DUI cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Aggravated DUI in Arizona?
- What is aggravated DUI in Arizona?
- What constitutes a DUI aggravated felony in Arizona?
- What is the penalty for aggravated DUI in Arizona?
- What is the penalty for aggravated DUI in Arizona with prior felonies?
- Can an aggravated DUI be reduced to a misdemeanor in Arizona?
- Will I lose my license for an aggravated DUI in Arizona?
- Misdemeanor vs. Aggravated DUI
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with aggravated DUI in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 28-1383, the penalties, and the defenses that matter most.
What is aggravated DUI in Arizona?
Aggravated DUI is a felony DUI under A.R.S. § 28-1383. It is an ordinary DUI committed under an aggravating circumstance, most often a suspended or revoked license, a third DUI within 84 months, a passenger under 15, or driving while you are required to use an ignition interlock. Most are Class 4 felonies, while a DUI with a child under 15 is a Class 6 felony.
What constitutes a DUI aggravated felony in Arizona?
A DUI becomes an aggravated felony when any one of five triggers applies: you drive on a suspended, revoked, canceled, or restricted license; it is your third DUI in 84 months; a passenger under 15 is in the car; you are under an ignition-interlock order; or you drive the wrong way while impaired. The State still has to prove both the underlying DUI and the aggravating factor, so defeating either one can defeat the felony.
What is the penalty for aggravated DUI in Arizona?
A Class 4 aggravated DUI carries a mandatory minimum of four months in prison that probation cannot waive, a presumptive term of 2.5 years, and a maximum of 3.75 years for a first felony, plus a one-year license revocation and a two-year interlock. A Class 6 aggravated DUI for a child under 15 is the one type where probation can replace prison. Every conviction also brings fines, screening, and a permanent felony record.
What is the penalty for aggravated DUI in Arizona with prior felonies?
Prior felony convictions sharply increase the sentence. With one allegeable prior felony you become a category two repetitive offender, and with two or more you become a category three offender, pushing a Class 4 aggravated DUI well above the normal range, up to roughly 15 years in the most serious cases. Because the priors drive the exposure, challenging whether each one is valid and properly alleged is critical.
Can an aggravated DUI be reduced to a misdemeanor in Arizona?
Often, yes. Because an aggravated DUI requires both a valid DUI and a qualifying aggravating factor, defeating the aggravator, for example by showing the State cannot prove you knew your license was suspended, can drop the charge to a misdemeanor DUI. When the felony falls, the mandatory prison term falls with it.
Will I lose my license for an aggravated DUI in Arizona?
Yes. An aggravated DUI conviction brings a one-year license revocation, followed by a two-year certified ignition interlock requirement when you reinstate. There is also a separate MVD action with short deadlines to request a hearing, so you should act quickly to protect your driving privilege.
Misdemeanor vs. Aggravated DUI
The same impaired-driving stop can be a misdemeanor or a felony. The circumstances, not the blood-alcohol level, decide which, and whether you face jail or prison.
| DUI Type | Statute | Class | Key Exposure |
|---|---|---|---|
| Standard DUI (first/second) | 28-1381 | Class 1 Misdemeanor | Min. 1–30 days jail |
| Extreme DUI (.15+ BAC) | 28-1382 | Class 1 Misdemeanor | Min. 30–120 days jail |
| Aggravated DUI (child under 15) | 28-1383(A)(3) | Class 6 Felony | Probation possible |
| Aggravated DUI (suspended license / 3rd in 84 mo / interlock / wrong-way) | 28-1383(A)(1),(2),(4),(5) | Class 4 Felony | Mandatory min. 4 months prison |
Moving a charge from felony to misdemeanor is the single most valuable outcome in an aggravated DUI case.
What the State Must Prove for Aggravated DUI
To convict you of Aggravated DUI under A.R.S. § 28-1383, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1The underlying DUI. You were driving or in actual physical control of a vehicle while impaired to the slightest degree, or with a BAC of .08 or more.
- 2On a public road or area open to the public. The DUI occurred where Arizona’s DUI laws apply.
- 3A qualifying aggravating circumstance. A suspended/revoked license, a third DUI within 84 months, a passenger under 15, an interlock requirement, or wrong-way driving, under A.R.S. § 28-1383(A).
- 4Knowledge, where required. For a suspended-license charge, that you knew or should have known your driving privilege was suspended or revoked.
Examples of Conduct Charged as Aggravated DUI
- Driving while your license was suspended for a prior DUI
- A third DUI within seven years
- A DUI with a 10-year-old in the back seat
- Driving impaired while required to use an ignition interlock device
- A wrong-way impaired-driving stop on the freeway
What Sentence Could You Actually Face?
Most aggravated DUIs are Class 4 felonies with a mandatory minimum four months in prison that probation cannot waive; a DUI with a child under 15 is a Class 6 where probation is possible. Prior felony convictions raise the ranges sharply.
Class 6
Aggravated DUI (Child Under 15)
Class 4
Suspended / 3rd / Interlock / Wrong-Way
Class 4+
With Prior Felonies
⚠ Class 4 Aggravated DUI Means Mandatory Prison
For a Class 4 aggravated DUI, the law requires a minimum of four months in the Arizona Department of Corrections, prison, not jail, that probation cannot eliminate. That is why defeating or reducing the aggravating factor, not just the DUI, is the core of the defense. If the felony drops to a misdemeanor, the mandatory prison term disappears with it.
How We Fight Arizona Aggravated DUI Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Underlying DUI
No Reasonable Suspicion for the Stop. If police lacked a lawful reason to pull you over, the stop is unconstitutional and the evidence that followed can be suppressed.
No Probable Cause to Arrest. Field sobriety tests are subjective and often administered incorrectly. Without valid probable cause, the arrest, and the case, can collapse.
Breath-Test Errors. Intoxilyzer machines must be calibrated and maintained on schedule. Radio interference, mouth alcohol, and operator error all produce false highs.
Blood-Draw & Chain-of-Custody Problems. An improper draw, unqualified phlebotomist, fermentation, or a broken chain of custody can render a blood result inadmissible.
Rising BAC. Your BAC may have been below the limit while driving and only rose above it by the time of testing. The State must prove your level at the time of driving.
No Actual Physical Control. Sitting in a parked car is not always “driving.” Where you were not in actual physical control, there is no DUI to aggravate.
Attacking the Aggravating Factor
No Knowledge of the Suspension. For a suspended-license aggravated DUI, the State must prove you knew or should have known your license was suspended. Defective MVD notice is a powerful defense.
Priors Outside 84 Months. For a third-offense aggravated DUI, the prior convictions must fall within 84 months. If one is too old, or uncounseled, the felony fails.
Invalid Prior Convictions. A prior DUI obtained without a lawyer or a valid waiver may not be usable to elevate the new charge.
No Interlock Order in Effect. An interlock-required aggravated DUI requires that a certified interlock order was actually in place and operative at the time of driving.
Passenger Was 15 or Older. The child-passenger felony requires a passenger under 15. Age is an element the State must prove.
The Experts We Bring to the Table
The State builds DUI cases with breath machines, crime labs, and police testimony. We answer with the same caliber of specialists, so the government’s science gets challenged by people who do this for a living.
Forensic Toxicologists
BAC & Impairment
Independently review blood and breath results, rising-BAC science, and whether the alleged level actually proves impairment at the time of driving.
Breath-Test Analysts
Intoxilyzer & Calibration
Examine the breath machine’s calibration, maintenance logs, and operating conditions, exposing radio interference, mouth alcohol, and operator error that inflate readings.
Blood & Lab Experts
Gas Chromatography
Audit the blood draw, storage, fermentation risk, and lab protocol, where a single broken link in the chain can make the result inadmissible.
Field Sobriety Experts
NHTSA Protocol
Evaluate whether the standardized field sobriety tests were administered and scored correctly, and whether medical conditions or footing explain the ‘clues.’
MVD & Records Specialists
License & Notice
Reconstruct the MVD record to test whether your license was truly suspended and whether you were ever properly notified, the heart of a suspended-license aggravated DUI.
DRE & Drug Recognition
Drug-DUI Challenges
Challenge drug-recognition-expert conclusions and whether any drug, including prescription medication, actually impaired your ability to drive.
Recent Aggravated DUI Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles aggravated DUI cases across Arizona.
Aggravated DUI, Suspended License
Reduced to Misdemeanor
The State could not prove our client received proper notice that his license was suspended. Without that knowledge, the felony aggravator failed and the charge dropped to a misdemeanor DUI.
Third DUI in 84 Months
Prior Conviction Excluded
One of the alleged prior DUIs fell outside the 84-month window and was constitutionally infirm. With only two qualifying priors, the felony count was dismissed.
Aggravated DUI, Child Under 15
Probation, No Prison
By suppressing a defective blood draw and presenting strong mitigation, we resolved a Class 6 aggravated DUI to a probation grant with no prison time.
Wrong-Way Aggravated DUI
Reduced, No Prison
We challenged the wrong-way and impairment evidence and presented mitigation, resolving a felony to a non-prison outcome.
Aggravated DUI, Blood Draw Suppressed
Charges Dismissed
A warrantless blood draw was suppressed, gutting the State’s proof of impairment and ending the case.
Interlock-Required Aggravated DUI
Reduced to Misdemeanor
We showed the interlock order was not validly in effect, dropping the felony aggravator to a misdemeanor DUI.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best aggravated DUI lawyer in Arizona, lawyers who handle felony DUI charges, or Phoenix aggravated DUI defense and a Scottsdale aggravated DUI attorney. Tamou Law Group defends aggravated DUI and other DUI cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County. This page is part of our Arizona dui charges practice. Call 623-321-4699 for a free, confidential consultation, 24/7.
Arizona Aggravated DUI FAQs
Quick answers to the questions we hear most about aggravated DUI charges, penalties, and defenses in Arizona.
What is aggravated DUI in Arizona?
Aggravated DUI (A.R.S. 28-1383) is a felony DUI. It is a standard DUI committed under an aggravating circumstance, most commonly a suspended or revoked license, a third DUI within 84 months, a passenger under 15, or driving while required to use an ignition interlock device.
Is aggravated DUI a felony?
Yes. Aggravated DUI is the only felony-level DUI for conduct that does not involve a death. Most types are Class 4 felonies; a DUI with a child under 15 is a Class 6 felony. A felony conviction carries prison exposure, a permanent record, and loss of civil rights.
How much prison time does aggravated DUI carry?
A Class 4 aggravated DUI carries a mandatory minimum of four months in prison that probation cannot eliminate, with a presumptive term of 2.5 years and a maximum of 3.75 years for a first felony. A Class 6 aggravated DUI (child under 15) can be resolved with probation.
Can an aggravated DUI be reduced to a misdemeanor?
Yes. Because aggravated DUI requires both a valid DUI and a qualifying aggravating factor, defeating the aggravator, for example by showing you were never properly notified your license was suspended, can drop the charge to a misdemeanor DUI and remove the mandatory prison.
What if I didn’t know my license was suspended?
This is one of the strongest defenses. For a suspended-license aggravated DUI, the State must prove you knew or should have known your license was suspended. Arizona suspensions are usually noticed by mail, and if the MVD cannot show valid notice, the felony aggravator can fail.
What counts as a third DUI in 84 months?
Three DUIs within 84 months (seven years) make the latest one a Class 4 felony. The 84-month window and the validity of each prior matter, a prior that is too old, uncounseled, or otherwise invalid may not count, which can defeat the felony charge.
Is a DUI with a child in the car always a felony?
A DUI with a passenger under 15 years old is a Class 6 felony under A.R.S. 28-1383(A)(3). The child’s age is an element the State must prove. Probation is possible on a Class 6, but it is still a felony with lasting consequences.
Will I lose my driver’s license for an aggravated DUI?
Yes. An aggravated DUI conviction brings a one-year license revocation, with a two-year certified ignition interlock requirement on reinstatement. There is also a separate MVD action with short deadlines to request a hearing, so act quickly.
Does aggravated DUI affect a commercial license (CDL) or job?
Significantly. A felony DUI can end a commercial driving career, jeopardize professional licenses, appear on background checks, and create immigration consequences for non-citizens. Protecting against these collateral consequences is a core part of the defense.
Should I talk to the police or prosecutor?
No. Provide your basic documents, then politely decline to answer questions and ask for a lawyer. Statements about drinking, your license, or prior DUIs are exactly what the State uses to prove an aggravated DUI.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Aggravated DUI (A.R.S. § 28-1383) turns a misdemeanor DUI into a felony.
- The five triggers: a suspended/revoked license, a 3rd DUI in 84 months, a child under 15 in the car, an interlock-required driver, and wrong-way impaired driving.
- A Class 4 aggravated DUI carries a mandatory minimum 4 months in prison, a 1-year license revocation, and a 2-year interlock; the maximum is 3.75 years (presumptive 2.5).
- A DUI with a child under 15 is a Class 6 felony, where probation is possible.
- Defeating the aggravating factor, for example showing you were never properly notified your license was suspended, can drop the case back to a misdemeanor DUI.
- Every aggravated DUI still rests on a valid underlying DUI, so the stop, the breath or blood testing, and impairment are all challengeable.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.