Felony DUI Lawyer in Phoenix
A felony DUI in Phoenix, charged as aggravated DUI under A.R.S. 28-1383, applies to a third DUI in 84 months, a DUI on a suspended license, or a DUI with a child in the car. It is a Class 4 felony with a mandatory minimum of 4 months in prison. Call us before you say anything to police.
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When Is a Phoenix DUI a Felony?
Quick answer: A Phoenix DUI becomes a felony, aggravated DUI under A.R.S. 28-1383, on a third DUI within 84 months, a DUI committed on a suspended or revoked license, or a DUI with a child under 15 in the car. It is a Class 4 felony with a mandatory 4-month prison minimum that probation cannot waive, plus a long license revocation. Defeating a prior or the elevating factor is the heart of the defense. Call 623-321-4699, 24/7.
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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 felony (aggravated) dui in Phoenix 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
If you’ve been charged with felony (aggravated) dui in Phoenix 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.
When Is a Phoenix DUI a Felony?
A Phoenix DUI becomes a felony, aggravated DUI under A.R.S. 28-1383, on a third DUI within 84 months, a DUI committed on a suspended or revoked license, or a DUI with a child under 15 in the car. It is a Class 4 felony with a mandatory 4-month prison minimum that probation cannot waive, plus a long license revocation. Defeating a prior or the elevating factor is the heart of the defense. Call 623-321-4699, 24/7.
Will You Lose Your License? The Phoenix DUI Suspension Process
Your License Is on a Separate 15-Day Clock
A Phoenix DUI starts a license suspension at the MVD that is completely separate from your criminal case, and it can take effect even before any conviction. A BAC of .08 or higher means a 90-day suspension (admin per se, A.R.S. 28-1385); refusing the breath or blood test means a 12-month suspension (implied consent, A.R.S. 28-1321). You have only 15 days from your arrest to stop it.
The Suspension
Under admin per se (A.R.S. 28-1385) a BAC of .08+ suspends your license for 90 days; refusing the test (A.R.S. 28-1321) is a 12-month suspension. This MVD action is separate from court and can hit even if your criminal case is later dismissed.
How We Move to Stop It
We file your MVD hearing request within the 15-day window, which puts the suspension on hold while we fight. Then we attack the stop, the breath or blood result, and whether the implied-consent advisory was properly read to you.
The Hearing & Keeping You Driving
At the MVD hearing the State must prove the basis for the suspension, and we cross-examine the arresting officer. If a suspension still applies, we get you a Special Ignition Interlock Restricted License so you can keep driving to work, school, and treatment.
How We Defend a Felony (Aggravated) DUI in Phoenix
Winning a DUI starts with taking apart how the State built its case. We examine the stop, whether the field sobriety tests met NHTSA standards, the calibration and 15-minute observation behind the breath test, the blood draw and chain of custody, and rising-BAC, then we protect your license at the separate 15-day MVD hearing.
Felony (Aggravated) DUI Penalties by BAC & Prior
Arizona DUI penalties climb with your BAC and with each prior DUI in the last 84 months. Here is how the mandatory minimum jail time escalates.
| Offense (within 84 months) | Standard DUI (.08–.149) | Extreme DUI (.15–.199) | Super Extreme (.20+) |
|---|---|---|---|
| 1st offense | 10 days | 30 days | 45 days |
| 2nd offense | 90 days | 120 days | 180 days |
| 3rd offense | Felony: 4 months prison | Felony: 4 months prison | Felony: 4 months prison |
Minimums only; on a first offense a court may suspend part of the jail term after alcohol screening. A 3rd DUI within 84 months is an aggravated (felony) DUI under A.R.S. 28-1383.
What the State Must Prove for Felony (Aggravated) DUI in Phoenix
To convict you of Felony (Aggravated) DUI in Phoenix 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.
- 1Driving or actual physical control. You were driving, or in actual physical control of, a vehicle in Phoenix.
- 2Impairment or a prohibited BAC. You were impaired to the slightest degree, or had the BAC this charge requires.
- 3A lawful stop. Police had reasonable suspicion to stop you and probable cause to arrest, both challengeable.
- 4Reliable testing. The breath or blood test was properly calibrated, administered, and preserved.
Examples of Conduct Charged as Felony (Aggravated) DUI in Phoenix
- A felony (aggravated) dui with a borderline BAC reading
- A felony (aggravated) dui after a questionable traffic stop
- A felony (aggravated) dui where the breath machine was out of calibration
- A felony (aggravated) dui with a rising-BAC timing defense
What Sentence Could You Actually Face?
A felony (aggravated) dui carries mandatory minimum penalties that rise with BAC and priors, but are frequently reduced.
Class 4 Felony
3rd DUI / agg.
With Priors
Category 2/3
License
Collateral
⚠ A Felony DUI Means Mandatory Prison
Aggravated DUI carries a mandatory 4 months in prison that probation cannot waive. The most valuable outcome is defeating or excluding the elevating factor, an out-of-window prior, a valid license, or a bad stop, so the case drops out of the felony range.
Estimate Phoenix DUI Penalties: Jail, Fines & Fees
See the mandatory minimums for your situation in seconds.
Arizona DUI Penalty Estimator — Jail, Fines & Fees
How We Fight Arizona Felony (Aggravated) DUI in Phoenix Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Stop & the Test
No Reasonable Suspicion for the Stop. If police lacked a lawful reason to pull you over, the evidence that followed can be suppressed.
Breath-Test Errors. Intoxilyzer machines must be calibrated and maintained; radio interference, mouth alcohol, and operator error inflate readings.
Blood-Draw & Chain-of-Custody Problems. An improper draw, unqualified phlebotomist, fermentation, or a broken chain can make a blood result inadmissible.
Rising BAC. Your BAC may have been below the limit while driving and only rose by the time of testing.
No Actual Physical Control. Sitting in a parked car is not always driving.
Protecting Your License & Record
The 15-Day MVD Hearing. Requesting an MVD hearing within 15 days preserves your license while we fight the case.
Reduction to Reckless Driving. With problems in the stop or testing, a DUI can drop to reckless driving, no mandatory interlock.
Priors Outside 84 Months. A prior that falls outside the seven-year window may not count, dropping the offense to a lower tier.
Mitigation & Screening. Treatment, screening, and a strong record can reduce jail time and protect your ability to drive.
The Experts We Bring to the Table
Drug cases are built on lab reports, searches, and informants. We bring the specialists who take them apart.
Forensic Chemists & Toxicologists
Drug ID & Weight
Independently test the substance and its usable weight, the elements the State must prove, and expose flawed lab work.
Search & Seizure Analysts
How the Drugs Were Found
Reconstruct the stop, the search, and the warrant to find the Fourth Amendment violations that get evidence suppressed.
Informant & Buy Experts
Controlled Buys
Scrutinize confidential informants, controlled-buy procedure, and inducement, the weak core of many sale cases.
Chain-of-Custody Analysts
Evidence Handling
Trace the drugs from seizure to lab and expose gaps, mislabeling, and contamination that make the evidence unreliable.
Digital Forensics Experts
Texts & ‘For Sale’ Proof
Examine phone and message evidence the State uses to argue intent to sell, and challenge what it actually proves.
Treatment & Mitigation Specialists
Drug Court & Diversion
Build the case for TASC, drug court, and treatment-based resolutions that avoid a conviction or prison.
Recent Felony (Aggravated) DUI in Phoenix Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles felony (aggravated) dui in Phoenix cases across Arizona.
Felony (Aggravated) DUI, Bad Stop
Dismissed
We suppressed the stop and the test; the case was dismissed.
Felony (Aggravated) DUI, Breath Test
Reduced
Calibration failures undercut the reading; reduced to reckless driving.
Felony (Aggravated) DUI, Rising BAC
Not Guilty
We showed the BAC rose after driving; the jury acquitted.
Felony (Aggravated) DUI, Blood Draw
Suppressed
A warrantless blood draw was suppressed, gutting the State’s proof.
Felony (Aggravated) DUI, Prior Excluded
Tier Reduced
An alleged prior fell outside 84 months and was excluded.
Felony (Aggravated) DUI, MVD Hearing
License Saved
We won the 15-day MVD hearing; our client kept driving.
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 a felony (aggravated) dui lawyer in Phoenix, felony (aggravated) dui attorney Phoenix, and a Phoenix DUI lawyer. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend felony (aggravated) dui in Phoenix and other DUI cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona phoenix dui practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Felony (Aggravated) DUI in Phoenix FAQs
Quick answers to the questions we hear most about felony (aggravated) dui in Phoenix charges, penalties, and defenses in Arizona.
Is a third DUI always a felony in Phoenix?
A third DUI within 84 months is charged as aggravated DUI, a Class 4 felony. A DUI on a suspended license or with a child in the car is also a felony regardless of priors.
Is an extreme DUI a felony in Arizona?
No. An extreme DUI (.15+) is still a Class 1 misdemeanor, just with harsher mandatory jail. A DUI becomes a felony only as a third offense, on a suspended license, or with a child in the car.
Can a felony DUI be reduced to a misdemeanor?
Sometimes. If a prior is outside 84 months or invalid, or the elevating factor fails, a felony DUI can be reduced to a misdemeanor, avoiding prison and a felony record.
What is aggravated DUI in Arizona?
Aggravated DUI (A.R.S. 28-1383) is the felony version of DUI, triggered by a third offense in 84 months, a suspended license, or a child passenger.
Can a Phoenix DUI be reduced to reckless driving?
Yes. With problems in the stop, the testing, or the evidence, a DUI can be reduced to reckless driving, which means less jail, lower fines, and no mandatory ignition interlock.
Will I lose my license after a Phoenix DUI?
A DUI arrest triggers a separate MVD suspension under A.R.S. 28-1385. You have only 15 days to request an MVD hearing to protect your license, so call 623-321-4699 right away.
Can I refuse a breath or blood test in Arizona?
Under Arizona’s implied consent law (A.R.S. 28-1321), refusing a test triggers an automatic 12-month license suspension, and police can still get a warrant for your blood. Whether you refused or not, the testing is challengeable.
Will I get a real attorney or a junior associate?
Your defense is handled by a full team of experienced attorneys, not associates, including Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Felony (Aggravated) DUI in Phoenix is charged under A.R.S. § 28-1383, with mandatory penalties that an arrest alone does not prove.
- You have just 15 days from arrest to request an MVD hearing to protect your license.
- The breath or blood test, the stop, and the arrest are all challengeable, often reducing or dismissing the charge.
- This page is part of our Phoenix DUI defense practice; see the statewide DUI hub for every charge.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, 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.