Aggravated DUI
(A.R.S. 28-1383)

An aggravated DUI is the only DUI classification that constitutes a felony in Arizona. There are several ways a DUI can be elevated to aggravated status. The most common are committing a DUI while your license is suspended or revoked, accumulating a third DUI offense within 84 months, committing a DUI with a passenger under 15 years old in the vehicle, committing a DUI while required to have an ignition interlock device, or driving the wrong way on a highway while under the influence.

 

Under A.R.S. 28-1383(O), most aggravated DUI offenses are classified as Class 4 felonies. This includes DUI on a suspended/revoked license, a third DUI within 84 months, DUI while required to have an ignition interlock device, and wrong-way DUI. The one exception is DUI with a child under 15 in the vehicle, which is a Class 6 felony. Penalties include mandatory prison time (a minimum of four months in the Arizona Department of Corrections), fines and assessments exceeding $4,700, license revocation for at least one year, and the full range of collateral consequences that come with a felony conviction. These cases are handled in Maricopa County Superior Court—the same courthouse just minutes from our Central Avenue office—and require an attorney who is comfortable in that arena and experienced with felony litigation.

 

Actual court costs often exceed these base amounts once mandatory surcharges and assessments are added (typically 15–20% higher).