Felony DUI (Aggravated DUI): Differences between Misdemeanor DUI and Felony DUI charges)

AZ DUI Laws, Felony DUI Penalties

“The cost of a felony DUI conviction, and it’s consequences in Arizona is far greater than the price of hiring a good Arizona DUI defense lawyer”
If you were charged and/or arrested for felony DUI charges in Maricopa County, AZ you should contact an Arizona DUI defense attorney as soon as possible. A felony DUI conviction in Arizona will expose you to severe penalties. You will need a strong Arizona 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 an Arizona Misdemeanor DUI to escalate to a Felony DUI charge. “Felony DUI” charges are also called “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) Third DUI charge within 7 years and you have two prior DUI convictions that occurred 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 – Arizona Felony DUI Sentencing Guidelines

Felony DUI charges and convictions in Arizona are serious. Felony DUI convictions are subject to mandatory DUI sentencing guidelines. Mandatory DUI penalties under Arizona Law include 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
Sentencing for a Felony DUI conviction in Arizona may be have “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 help reduce the harsh penalties.

Arizona DUI Lawyer – Felony DUI Defense Lawyers in Arizona

Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not offer you a mitigated (less harsh) sentence. An experienced Arizona DUI Attorney will know what evidence can be used to argue for mitigated sentencing and reduced sentencing on your behalf for a felony DUI conviction.

Any Arizona Felony DUI charge can be challenged, regardless of the classification. Proven AZ DUI lawyers are often able to get evidence dismissed; charges reduced, or ultimately get the felony DUI charges 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. Early retention of a good Arizona DUI lawyer or criminal defense attorney is the key to a successful defense.


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.