Aggravated DUI (Felony DUI): Felony DUI charges are Misdemeanor DUI Charges that are elevated to a Felony when certain “aggravated factors” exist.

AZ DUI Law, Felony DUI Penalties
“The cost of a felony DUI conviction and it’s consequences in Maricopa County is far greater than the price of hiring a good Maricopa County DUI defense lawyer”
If you were charged and/or arrested for felony DUI charges in Maricopa County, AZ you should contact a Maricopa County DUI defense attorney as soon as possible. A felony DUI conviction in Maricopa County will expose you to severe penalties. You will need a strong Maricopa County DUI defense attorney to defend your Felony DUI charges if you wish to challenge your DUI charges.

Felony DUI Charges – Arizona Laws:
There are three aggravating factors that will cause a Maricopa County Misdemeanor DUI to escalate to a Felony DUI charge. “Felony DUI” charges are also known as “Aggravated DUI charges”:
1) A.R.S. §28-1383(A) (1): (Paraphrased) DUI charge while driving on a suspended, restricted or revoked driver’s license in Maricopa County- Class 3 Felony
2) A.R.S. §28-1383(A) (2): (Paraphrased) You received new DUI charges. They are your third DUI charges in 7 years, and you have been convicted of two prior DUI charges during the last 7 years. – Class 3 felony
3) A.R.S. §28-1383(A) (3): (Paraphrased) you were charged with DUI DWI and a child under 15 years of age was a passenger in the vehicle you were driving – Class 6 Felony
DUI Penalties – Felony DUI Sentencing Guidelines in Arizona
Felony DUI convictions in Maricopa County are serious. Felony DUI convictions are subject to mandatory DUI sentencing guidelines. Mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentences ranging from 1 day to 1 year;
• Prison Sentences ranging from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device;
• 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 Maricopa County DUI convictions may be “aggravated” or “mitigated”. Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are those circumstances that favor your defense and may result in less serious penalties.

Maricopa County DUI Lawyer – Felony DUI Defense
Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. An experienced Maricopa County DUI Attorney will know what to look for and find evidence needed to argue for mitigated sentencing and reduced sentencing on your behalf.

Any Maricopa County Felony DUI charge can be challenged, regardless of the classification. Proven Maricopa County DUI lawyers are often able to get evidence dismissed; charges reduced, or ultimately get the felony DUI completely dismissed. But rarely if ever does this happen without qualified legal representation and defense from a proven private practice AZ DUI Attorney or Criminal Defense Lawyer in Maricopa County.


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.