Aggravated / Felony DUI
Most DUI charges in Arizona are misdemeanors. An aggravated DUI is not. It is a felony, and it changes everything about how the case is handled, where it is prosecuted, and what is at stake. If you have been charged with an aggravated DUI under A.R.S. 28-1383, you are facing potential prison time in the Arizona Department of Corrections, not county jail. You are facing a felony record that will follow you for years. And you are facing the loss of rights that most people take for granted.
How a DUI Becomes a Felony
There are several circumstances under Arizona law that elevate a DUI from a misdemeanor to a felony. The most common triggers include committing a DUI while your license is already suspended, canceled, or revoked for a prior DUI; a third DUI conviction within an 84-month lookback period; committing a DUI with a child under 15 years old in the vehicle; committing a DUI while you are required to have an ignition interlock device installed; or driving the wrong way on a highway while under the influence.
Each of these scenarios is treated as an aggravated DUI under A.R.S. 28-1383 and prosecuted as a felony. Under A.R.S. 28-1383(O), DUI on a suspended license, third DUI within 84 months, DUI while required to have an IID, and wrong-way DUI are all Class 4 felonies. DUI with a child passenger under 15 is a Class 6 felony.
Penalties
A first-time Class 4 aggravated DUI carries a mandatory minimum of four months in the Arizona Department of Corrections. Sentences can range up to 3.75 years, with longer ranges for defendants with prior felony convictions (up to 7.5 years with one prior, up to 15 years with two). For the Class 6 felony (DUI with a child under 15), prison exposure can reach 2 years for a first offense and higher with priors.
Fines and assessments start at roughly $4,700. License revocation is mandatory for a minimum of one year, and reinstatement requires an ignition interlock device for up to 24 months. The felony conviction itself carries collateral consequences: loss of the right to possess firearms, potential impact on voting rights, difficulty passing background checks for employment and housing, and professional licensing issues.
Actual court costs often exceed these base amounts once mandatory surcharges and assessments are added (typically 15–20% higher).
We once represented a teacher charged with aggravated DUI based on a suspended license she did not even know was suspended—an old failure-to-appear from a traffic ticket had triggered a quiet suspension years earlier. That kind of detail matters, and it is exactly the sort of thing an experienced defense attorney catches.
Disclaimer: The penalty information on this page is based on Arizona Revised Statutes and is current as of March 2026. Penalties described are statutory minimums and may not reflect the full range of consequences in a specific case. Arizona DUI law changes periodically through legislative action and court decisions. This page is not a substitute for legal advice from a licensed attorney who can evaluate the specific facts of your case. Contact Arizona DUI Guys for a case-specific consultation.
Last Verified: March 2026. Penalty information should be re-verified after each Arizona legislative session at azleg.gov.
Defense Approaches
Felony DUI cases are litigated in Maricopa County Superior Court—located on West Jefferson, just a few minutes from our Central Avenue office—and prosecuted by the Maricopa County Attorney’s Office. The procedures, expectations, and courtroom dynamics are all different from the city and justice courts where misdemeanor DUIs are handled.
Defense strategies in aggravated DUI cases often focus on attacking the aggravating factor itself. If the charge is based on driving on a suspended license, was the defendant actually notified of the suspension? If it is a third-offense charge, were the prior convictions properly counted? If it involves a wrong-way allegation, what evidence supports the claim?
All of the standard DUI defenses are also available. The traffic stop can be challenged. The BAC evidence can be challenged. Constitutional rights violations can be raised. The difference is that in felony cases, the margin for error on either side is much thinner, and the courtroom stakes demand a higher level of preparation.