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Aggravated DUI

DUI with specific “aggravating influences” that occur at the time of the arrest.

AGGRAVATED DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

ARS 28-1383 governs the prosecution of Aggravated DUIs in Arizona. Pursuant to this statute, there are 5 different ways to commit Aggravated DUI.
Arizona has some of the harshest penalties for Felony DUI in the nation, and the Maricopa County Attorney’s Office vigorously prosecutes these offenses. How the County Attorney’s office approaches these cases, and how they are going to resolve them, depends upon the facts of each case, as well as the background and criminal history of the person under investigation.

 

It is very important to consult with, and retain an aggressive, experienced Arizona DUI/DWI attorney who is knowledgeable on how these cases are investigated, prosecuted, and defended.

 

 

Arizona, specifically Maricopa County, is not like some other states when it comes to prosecuting Aggravated DUIs. The prosecution of a DUI offender that has escalated to an Aggravated DUI is something the State of Arizona and Maricopa County take seriously. The plea offers are generally harsh, and have a significant impact on a person’s liberty and financial interests. The plea offers in these cases are also usually relayed in early preliminary proceedings, and a deadline is put on them. If the plea offer is not taken by the deadline, it is revoked and a harsher plea generally follows.

 

Aggravated DUI prosecutions in Arizona are very serious. There are multiple ways to commit an Aggravated DUI in Arizona, but all of them will have a significant impact upon an individual. It is extremely important to consult with and retain a skilled Arizona Aggravated DUI Defense Attorney knowledgeable in how these cases are investigated and prosecuted.

 

AGGRAVATED DUI DUE TO LICENSE BEING SUSPENDED, REVOKED OR CANCELED

ARS 28-1383(A)(1)
ARS 28-1383(A)(1) states that a person is guilty of Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of ARS 28-1381 (Simple DUI Statute) or ARS 28-1382 (Extreme and Super Extreme DUI Statute) while the person’s driver license or privilege to drive is suspended, canceled, or revoked.

 

An Aggravated DUI in Arizona for having a suspended, revoked or canceled license is a Class 4 Felony. The law does not require the license to be suspended, revoked, or canceled for a prior DUI, but generally, that is what occurs. A license suspension for failing to pay a ticket, or for failing to appear, would be considered a “soft suspension” and generally will not be prosecuted as an Aggravated DUI (although it clearly could be). However, a license suspension or revocation for a prior DUI, or a prior Admin Per Se Implied Consent Suspension is generally the cases that are prosecuted as Aggravated Class 4 Felony DUIs. A suspension considered “soft” may still be prosecuted as an Aggravated DUI, especially if the person has prior DUI convictions. Nevertheless, it is important to know that if a person commits a DUI, and has a license suspension, revocation, or cancellation, that it may be prosecuted as a Class 4 Aggravated DUI.

 

For a person convicted of a Class 4 Felony Aggravated Driving Under the Influence of Alcohol or Drugs in Arizona, they are looking at a Category 1 sentencing range. Specifically, the offense is probation eligible (a person may be placed on up to 10 years supervised probation for an Aggravated DUI), but has a prison sentencing range of 1 to 3.75 years, with the presumptive sentence being 2.5 years.

 

However, a first time felony offender will generally be placed on supervised probation for a Class 4 Aggravated DUI. But, the Class 4 Aggravated DUI due to a license suspension, revocation, or cancellation carries with it a mandatory prison sentence of at least 4 months in prison as a term of probation. Aggravated DUI as a Class 4 Felony (3 out of 4 theories) is the only crime in Arizona that requires a 4 month prison sentence as a term of probation. The 4 month sentence is also served at 100% time, and not eligible for the 85% soft time available in many other sentences.

 

If a person commits an Aggravated DUI under this section, and has an historical (allegeable) felony conviction, the person will be in a Class 4 Felony, Category 2 sentencing range. This means the person is no longer probation eligible, and will be facing a mandatory prison sentencing range of anywhere between 2.25 years and 7.5 years, with the presumptive sentence being 4.5 years. If a person commits an Aggravated DUI under this section, and has two historical (allegeable) prior felony convictions, the person will be in a Class 4 Felony, Category 3 sentencing range. In this range, there is no probation eligibility, and the person is facing a mandatory prison sentencing range of 6 years to 15 years, with the presumptive sentence being 10 years.

 

AGGRAVATED DUI AS A THIRD OR MORE OFFENSE WITHIN 7 YEARS

ARS 28-1383(A)(2)
Under ARS 28-1383(A)(2), a person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if, within a period of 84 months (7 years), the person commits a third or subsequent violation of either ARS 28-1381(A) (Simple DUI statute) or ARS 28-1382 (Extreme and Super Extreme DUI Statute). Any time that someone serves in custody or on absconder status would be precluded in determining the time period.

 

An Aggravated DUI as a third or more offense within 84 months in Arizona is a Class 4 Felony. It is punished the same as the Class 4 Aggravated DUI due to a license suspension, revocation or cancellation.

 

For a person convicted of a Class 4 Felony Aggravated Driving Under the Influence of Alcohol or Drugs in Arizona, they are looking at a Category 1 sentencing range. Specifically, the offense is probation eligible (a person may be placed on up to 10 years supervised probation for an Aggravated DUI), but has a prison sentencing range of 1 to 3.75 years, with the presumptive sentence being 2.5 years.

 

However, a first time felony offender will generally be placed on supervised probation for a Class 4 Aggravated DUI. But, the Class 4 Aggravated DUI due to a license suspension, revocation, or cancellation carries with it a mandatory prison sentence of at least 4 months in prison as a term of probation. Aggravated DUI as a Class 4 Felony (3 out of 4 theories) is the only crime in Arizona that requires a 4 month prison sentence as a term of probation. The 4 month sentence is also served at 100% time, and not eligible for the 85% soft time available in many other sentences.

 

If a person commits an Aggravated DUI under this section, and has an historical (allegeable) felony conviction, the person will be in a Class 4 Felony, Category 2 sentencing range. This means the person is no longer probation eligible, and will be facing a mandatory prison sentencing range of anywhere between 2.25 years and 7.5 years, with the presumptive sentence being 4.5 years. If a person commits an Aggravated DUI under this section, and has two historical (allegeable) prior felony convictions, the person will be in a Class 4 Felony, Category 3 sentencing range. In this range, there is no probation eligibility, and the person is facing a mandatory prison sentencing range of 6 years to 15 years, with the presumptive sentence being 10 years.

 

AGGRAVATED DUI WHILE A PERSON UNDER 15 YEARS OF AGE IS IN THE VEHICLE

ARS 28-1383(A)(3)
Under ARS 28-1383(A)(3), a person is guilty of Aggravated Driving or Actual Physical Control while under the Influence of Intoxicating Liquor or Drugs if the person commits a violation of ARS 28-1381(A) (simple DUI statute), or 28-1382 (Extreme and Super Extreme DUI statute) while a person under 15 years of age is in the vehicle.

 

This offense is charged as a Class 6 Felony, unlike other Felony Aggravated DUI/DWI offenses which are charged as a Class 4 Felony. This specific offense also does not carry a mandatory 4 month prison sentence as a term of probation. However, a person convicted under this section may still face up to 10 years supervised probation. Also, the requirements discussed above for first time and second time misdemeanor DUI offenders, and the minimum sentencing requirements would still apply to a person convicted under this section.

 

If a person is convicted of a first time Class 6 Aggravated DUI with a Minor Present, there is probation eligibility. However, there is a possible prison range of anywhere from 4 months to 2 years prison, with the presumptive sentence being 1 year. If a person is charged with this offense, but has 1 historical (allegeable) prior, they will be in a Category 2 sentencing range where there is no probation eligibility. The mandatory prison sentencing range for a Class 6 Felony as a Category 2 is anywhere from 9 months to 2.75 years in prison, with the presumptive term being 1.75 years. If a person is charged with this offense, but has 2 historical (allegeable) priors, they will be in a Category 3 sentencing range where there is no probation eligibility. The mandatory sentencing range for a Class 5 Felony as a Category 3 is anywhere from 2.25 years to 5.75 years, with the presumptive sentence being 3.75 years.

 

AGGRAVATED DUI WHILE THE PERSON IS ORDERED TO HAVE A CERTIFIED IGNITION INTERLOCK DEVICE

ARS 28-1383(A)(4)
Pursuant to ARS 28-1383(A)(4), a person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs while the person is ordered to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of ARS 28-1381(A) and ARS 28-1382.

 

For a person convicted of a Class 4 Felony Aggravated Driving Under the Influence of Alcohol or Drugs in Arizona, they are looking at a Category 1 sentencing range. Specifically, the offense is probation eligible (a person may be placed on up to 10 years supervised probation for an Aggravated DUI), but has a prison sentencing range of 1 to 3.75 years, with the presumptive sentence being 2.5 years.

 

If a person commits an Aggravated DUI under this section, and has an historical (allegeable) felony conviction, the person will be in a Class 4 Felony, Category 2 sentencing range. This means the person is no longer probation eligible, and will be facing a mandatory prison sentencing range of anywhere between 2.25 years and 7.5 years, with the presumptive sentence being 4.5 years. If a person commits an Aggravated DUI under this section, and has two historical (allegeable) prior felony convictions, the person will be in a Class 4 Felony, Category 3 sentencing range. In this range, there is no probation eligibility, and the person is facing a mandatory prison sentencing range of 6 years to 15 years, with the presumptive sentence being 10 years.

 

AGGRAVATED DUI WHILE DRIVING THE WRONG WAY ON A HIGHWAY

ARS 28-1381(A)(5)
Pursuant to ARS 28-1383(A)(5), a person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of ARS 28-1381(A) (Simple DUI Statute) or ARS 28-1382 (Extreme and Super Extreme DUI Statute) while driving the wrong way on a highway.

 

An Aggravated DUI While Driving the Wrong Way on the Highway in Arizona is a Class 4 Felony. It is punished the same as the Class 4 Aggravated DUI due to a license suspension, revocation or cancellation, and Aggravated DUI as a third or more offense within 84 months.

For a person convicted of a Class 4 Felony Aggravated Driving Under the Influence of Alcohol or Drugs in Arizona, they are looking at a Category 1 sentencing range. Specifically, the offense is probation eligible (a person may be placed on up to 10 years supervised probation for an Aggravated DUI), but has a prison sentencing range of 1 to 3.75 years, with the presumptive sentence being 2.5 years.

 

However, a first time felony offender will generally be placed on supervised probation for a Class 4 Aggravated DUI. But, the Class 4 Aggravated DUI due to a license suspension, revocation, or cancellation carries with it a mandatory prison sentence of at least 4 months in prison as a term of probation. Aggravated DUI as a Class 4 Felony (3 out of 4 theories) is the only crime in Arizona that requires a 4 month prison sentence as a term of probation. The 4 month sentence is also served at 100% time, and not eligible for the 85% soft time available in many other sentences.

 

If a person commits an Aggravated DUI under this section, and has an historical (allegeable) felony conviction, the person will be in a Class 4 Felony, Category 2 sentencing range. This means the person is no longer probation eligible, and will be facing a mandatory prison sentencing range of anywhere between 2.25 years and 7.5 years, with the presumptive sentence being 4.5 years. If a person commits an Aggravated DUI under this section, and has two historical (allegeable) prior felony convictions, the person will be in a Class 4 Felony, Category 3 sentencing range. In this range, there is no probation eligibility, and the person is facing a mandatory prison sentencing range of 6 years to 15 years, with the presumptive sentence being 10 years.

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