What is Aggravated DUI in Arizona?

Sep 17, 2024 | By Stewart Salwin | Read Time: 8 minutes | DUI

In Arizona, driving under the influence (DUI) is a serious offense that can lead to severe consequences. However, certain circumstances can elevate a standard DUI to an even more serious charge known as an aggravated DUI. This article will explore what constitutes an aggravated DUI in Arizona, its legal consequences, and how it differs from a standard DUI.

What is an Aggravated DUI?

An aggravated DUI in Arizona is a more serious form of DUI that involves specific aggravating factors, such as driving with a suspended license, a third DUI offense within 84 months, DUI with a child under 15 in the vehicle, DUI while required to have an ignition interlock device, or driving the wrong way on a highway. These factors elevate the offense from a misdemeanor to a felony, resulting in harsher penalties and long-lasting consequences.

Aggravated DUI charges are governed by Arizona Revised Statutes (ARS) 28-1383, which outlines the specific circumstances that can lead to this enhanced charge. The law is designed to impose stricter penalties on individuals who commit DUI offenses under particularly dangerous or irresponsible conditions.

Key Factors That Elevate a Standard DUI to an Aggravated DUI

Several factors can turn a standard DUI into an aggravated DUI in Arizona:

Driving with a suspended, revoked, or canceled license: If you’re caught driving under the influence while your license is suspended, revoked, or canceled, you can be charged with an aggravated DUI. This applies regardless of the reason for the license suspension.
Third DUI offense within 84 months: If you’re arrested for a third DUI within a seven-year period (84 months), it can be charged as an aggravated DUI. This demonstrates a pattern of repeated offenses and is treated more severely by the law.
DUI with a child under 15 in the vehicle: Driving under the influence with a passenger under 15 years old in the car is considered an aggravated offense. This factor recognizes the increased danger posed to vulnerable minors.
DUI while required to have an ignition interlock device: If you’re required to have an ignition interlock device installed in your vehicle due to a previous DUI and you’re caught driving under the influence without one, it’s an aggravated DUI. This shows a deliberate attempt to circumvent court-ordered safety measures.
Driving the wrong way on a highway: Committing a DUI while driving the wrong way on a highway is considered an aggravated offense. This situation presents an extreme danger to other motorists and is treated very seriously under Arizona law.

It’s important to note that, unlike standard DUIs, the blood alcohol concentration (BAC) level is not a factor in determining whether a DUI is aggravated. An aggravated DUI charge can be brought regardless of the driver’s BAC. This means that even if your BAC is below the legal limit of 0.08%, you can still be charged with an aggravated DUI if any of the above factors are present.

Legal Consequences of an Aggravated DUI in Arizona

The penalties for an aggravated DUI in Arizona are significantly more severe than those for a standard DUI. The law aims to punish offenders more harshly and deter future occurrences of such dangerous behavior. Here are some of the potential consequences:

Mandatory Prison Sentences

Mandatory prison sentences in Arizona typically result in mandatory prison time, with the length of the sentence varying depending on the specific circumstances, such as whether it is a first-time offense or if there are aggravating factors present:

For a first-time aggravated DUI involving a suspended license or third offense within 84 months: Minimum of 4 months in prison
For an aggravated DUI with a child under 15 in the vehicle: Minimum of 10 days in jail
For subsequent aggravated DUI convictions: Longer prison sentences, potentially up to 15 years

These mandatory sentences underscore the seriousness with which Arizona treats aggravated DUI offenses. Unlike standard DUIs, where jail time might be suspended or converted to house arrest, aggravated DUI convictions almost always result in actual prison time.

Fines and Surcharges

Aggravated DUI convictions come with substantial fines and surcharges:

Minimum fine of $750
Additional surcharges and fees that can total thousands of dollars

These financial penalties can create a significant burden for convicted individuals, often lasting long after the prison sentence has been served.

License Suspension or Revocation

An aggravated DUI conviction results in a longer license suspension or revocation period:

Minimum 1-year license revocation
Potential for even longer revocation periods for repeat offenders

This extended period without driving privileges can have a major impact on an individual’s ability to work, attend school, or carry out daily activities.

Ignition Interlock Device Requirements

Upon reinstatement of driving privileges, individuals convicted of aggravated DUI must install an ignition interlock device in their vehicle:

Required for a minimum of 24 months
All costs associated with installation and maintenance are the responsibility of the offender

This requirement serves as both a punishment and a preventive measure to ensure that the individual cannot drive while under the influence in the future.

Probation and Community Service

In addition to prison time, aggravated DUI convictions often result in:

Extended probation periods
Mandatory community service hours
Alcohol or drug screening and treatment programs

These additional requirements aim to rehabilitate offenders and prevent future DUI incidents.

Differences Between Standard DUI and Aggravated DUI Penalties

The penalties for an aggravated DUI in Arizona are significantly more severe than those for a standard DUI, including mandatory prison time, longer license suspension or revocation periods, and higher fines:

Felony vs. Misdemeanor: Standard DUIs are typically misdemeanors, while aggravated DUIs are felonies. This distinction has far-reaching implications for an individual’s criminal record and future opportunities.
Prison Time: Standard DUIs may result in jail time, but aggravated DUIs carry mandatory prison sentences. The length and nature of incarceration are much more severe for aggravated offenses.
Fines: Fines for aggravated DUIs are generally higher than those for standard DUIs. The financial burden can be substantial and long-lasting.
License Suspension: Aggravated DUIs result in longer license suspension or revocation periods. This extended loss of driving privileges can have significant impacts on daily life and employment.
Long-term Consequences: As a felony, an aggravated DUI conviction can have more severe and lasting impacts on employment, housing, and other aspects of life. The stigma and legal restrictions associated with a felony conviction can persist for years after the sentence has been served.

Potential Defenses for Aggravated DUI Charges

If you’re facing an aggravated DUI charge in Arizona, there are several potential defense strategies that an experienced Phoenix DUI attorney might consider:

Challenging the traffic stop: If the initial traffic stop was not based on reasonable suspicion, it could potentially invalidate the subsequent DUI arrest. This involves scrutinizing the officer’s reasons for pulling you over in the first place.
Questioning BAC testing methods: The accuracy and reliability of breathalyzer or blood tests can sometimes be challenged. Factors such as improper calibration of equipment, incorrect administration of tests, or contamination of samples could potentially be used to dispute the results.
Exploring procedural errors: Any mistakes in the arrest process or handling of evidence could potentially lead to a dismissal or reduction of charges. This might include issues with Miranda rights, improper documentation, or chain of custody problems with evidence.
Disputing aggravating factors: In some cases, it may be possible to challenge the specific factors that led to the aggravated charge. For example, if you’re charged with an aggravated DUI due to a suspended license, your attorney might investigate whether the suspension was properly in effect at the time of the arrest.
Negotiating plea bargains: In some situations, it may be possible to negotiate a plea to a lesser charge. This could involve pleading guilty to a standard DUI instead of an aggravated DUI, potentially avoiding some of the more severe penalties.
Constitutional challenges: In some cases, there may be grounds to challenge the constitutionality of certain aspects of the arrest or investigation. This could involve issues related to search and seizure, right to counsel, or other constitutional protections.
Medical defenses: In rare cases, certain medical conditions might mimic the symptoms of intoxication or affect BAC readings. An experienced attorney might explore whether any such factors could have played a role in your case.

It’s crucial to remember that every case is unique, and the effectiveness of these defenses can vary greatly depending on the specific circumstances of your arrest and the evidence against you. Consulting with a knowledgeable Phoenix DUI lawyer is essential to understand which defenses might be applicable in your situation.

Long-term Impacts of an Aggravated DUI Conviction

An aggravated DUI conviction in Arizona can have far-reaching consequences beyond the immediate legal penalties, including impacts on employment, housing, professional licenses, insurance rates, travel, education, personal relationships, financial stability, voting rights, and gun ownership:

Employment: Many employers conduct background checks, and a felony conviction can make it difficult to secure certain jobs. Some professions may be entirely closed off to individuals with aggravated DUI convictions.
Housing: Landlords often run background checks, and a felony conviction may make it challenging to find housing. This can limit your options and potentially affect your quality of life for years to come.
Professional Licenses: Some professional licenses may be revoked or denied due to an aggravated DUI conviction. This can be particularly devastating for individuals in fields such as healthcare, law, education, or finance.
Insurance Rates: Auto insurance rates typically increase significantly after a DUI conviction, even more so for an aggravated DUI. These increased rates can persist for several years, adding to the financial burden of the conviction.
Travel: A felony conviction can restrict international travel to certain countries. Some nations may deny entry to individuals with felony records, potentially limiting both personal and professional opportunities abroad.
Education: Some educational institutions, particularly graduate and professional schools, may consider criminal records in their admissions processes. An aggravated DUI conviction could potentially affect your ability to pursue further education.
Personal Relationships: The stress and stigma associated with an aggravated DUI conviction can strain personal relationships. The extended absence due to incarceration and the ongoing consequences of the conviction can impact family dynamics and friendships.
Financial Stability: The combination of fines, legal fees, increased insurance rates, and potential loss of employment can create significant financial hardship. This can have long-lasting effects on your credit score, savings, and overall financial stability.
Voting Rights: In some states, a felony conviction can result in the loss of voting rights. While these rights are often restored after completing the sentence, the process can be complex and vary by jurisdiction.
Gun Ownership: Federal law prohibits individuals with felony convictions from owning firearms. This restriction is typically lifelong unless the individual receives a pardon or has their rights restored through specific legal processes.

These long-term impacts underscore the importance of taking an aggravated DUI charge seriously and seeking experienced legal representation to protect your rights and future.

Steps to Take if Charged with an Aggravated DUI in Arizona

If you’re charged with an aggravated DUI in Arizona, consider taking the following steps:

Exercise your right to remain silent: Avoid discussing your case with anyone except your attorney. Anything you say can potentially be used against you in court.
Seek legal representation: Contact an experienced DUI attorney as soon as possible. The earlier an attorney can start working on your case, the better your chances of a favorable outcome.
Document everything: Keep detailed records of your arrest and all subsequent interactions with law enforcement and the court system. This information can be valuable for your defense.
Attend all court appearances: Missing a court date can result in additional charges and complicate your case. Make sure to appear for all scheduled hearings and meetings.
Consider treatment options: Voluntarily entering an alcohol education or treatment program can sometimes be viewed favorably by the court. It demonstrates a proactive approach to addressing potential substance abuse issues.
Comply with all court orders: If you’re released on bail or bond, make sure to comply with all conditions set by the court. This might include restrictions on travel, alcohol consumption, or driving.
Prepare for potential consequences: While it’s important to fight the charges, it’s also wise to prepare for potential outcomes. This might include making arrangements for work or family responsibilities in case of incarceration.
Maintain a clean record: Avoid any further legal troubles while your case is pending. Additional charges or arrests can significantly complicate your situation.
Gather character references: Collect statements from friends, family, employers, or community members who can speak to your character. These may be useful in negotiations or sentencing.
Stay informed: Work closely with your attorney to understand each step of the legal process and what to expect. Being well-informed can help reduce stress and allow you to make better decisions about your case.

Do You Need to Speak with a DUI Defense Lawyer?

If you are someone you love is facing a DUI charge, contact the DUI attorneys at Salwin Law Group. Stewart Salwin is a former prosecutor who now dedicates his practice to helping clients facing DUI and other related charges. He has the knowledge and experience to identify the strengths and weaknesses in the case against you. If you are facing DUI charges in Arizona, call Salwin Law Group today at (480) 702-1789 or fill out a short contact form on our website for a free consultation to discuss your case and how we can help.

Stewart Salwin

Stewart Salwin is the founder and lead attorney at Salwin Law Group, a Scottsdale criminal defense law firm based in the greater Phoenix area. His practice is primarily dedicated DUI-defense work. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.