Aggravated DUI Laws: Find out what aggravating factors will raise a Misdemeanor DUI to a Felony DUI.

AZ DUI Law & Felony DUI Penalties
“The cost of retaining a good Gilbert DUI defense lawyer is far less a price, than fines, fees, costs, and your freedom, if convicted of Gilbert felony DUI Charges”
If you were arrested for felony DUI charges in Gilbert, AZ you should contact a Gilbert DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Gilbert exposes you to severe penalties. You will need a qualified Gilbert DUI attorney to defend your Felony DUI charges.

Felony DUI – Arizona Law:
There are three factors that will aggravate a Gilbert Misdemeanor DUI resulting in escalation of the Misdemeanor DUI to a Felony DUI. “Felony DUI” charges are also known as “Aggravated DUI charges”:

1) A.R.S. §28-1383(A) (1): (Paraphrased) You were arrested for DUI while your drivers license was suspended, restricted or revoked – Class 3 Felony
2) A.R.S. §28-1383(A) (2): (Paraphrased) The current DUI charge is your third DUI in 7 years and at least two of the prior DUI charges resulted in convictions during the last 7 years. – Class 3 felony
3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with DUI DWI while driving with a child under 15 years of age was a passenger in the vehicle – Class 6 Felony
DUI Penalties – Felony DUI Sentencing in Arizona
A Felony DUI conviction for Gilbert DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentences ranging from 1 day to 1 year;
• Prison time from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fees;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Supervised probation;
• Felony criminal record
Felony DUI Penalties for Gilbert DUI convictions may be “aggravated” or
“mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that support your DUI defense and warrant less serious penalties.

Gilbert DUI Lawyer – Felony DUI Defense Gilbert AZ
Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Experienced Gilbert DUI Defense Attorneys lawyers know what to look for and obtain evidence needed to argue for mitigating sentencing if you are convicted of a felony DUI charge.

Some Defendants do not realize that a Felony DUI charges is not a conviction. They think since they were arrested, they must be guilty. A qualified Gilbert DUI lawyer or AZ criminal defense lawyer will encourage you to avoid that mind set. Any Gilbert Felony DUI charge can be challenged, regardless of their classification. Good Gilbert DUI lawyers are often able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.


This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.