Arizona's Aggravated DUI Laws: Understanding Fines and Penalties

Jun 15, 2016 — by James E. Novak Attorney PLLC
Tags: Aggravated Dui Drunk Driving

A highway patrol vehicle in the side mirror of a carThe people of Tempe deserve a skilled defense attorney who puts their rights ahead of all else. That's why so many people turn to The Law Office of James Novak in their time of legal need. For skilled criminal law and DUI defense, we can help.

A number of clients have questions about the nature of aggravated DUI charges. Let's take a moment to consider these kinds of cases and the legal penalties involved right now.

Defining Aggravated DUI

In essence, an aggravated DUI refers to circumstances that aggravate the DUI charge based on their severity and the nature of your arrest. When these circumstances apply to your case, you will face more serious jail time and fines as a result.

As with all DUI cases, an aggravated DUI arrest involves motorists exceeding a BAC of 0.08, which is the national legal limit.

Types of Aggravated DUI

There are two classifications of aggravated DUI, Class 4 Felonies and Class 6 Felonies. Let's consider the four types of aggravated DUI and their classification:

  • DUI while a child under 15 is also in the vehicle (Class 6 Felony)
  • Prior DUI arrests within 7 years of the current DUI arrest (Class 4 Felony)
  • DUI arrest with a suspended or revoked driver's license (Class 4 Felony)
  • DUI arrest while your vehicle is equipped with an ignition interlock device (Class 4 Felony)

Penalties for First-Time Aggravated DUI (Class 4 Felony)

The following penalties are common for a first-time aggravated DUI as a class 4 felony:

  • Between 4 months and 3.75 years in prison
  • At least $4,700 in fines and fees
  • Drivers license revoked
  • Alcohol counseling
  • Probation
  • Potential community service
  • 2 years of ignition interlock device in vehicle

Penalties for Class 4 Aggravated DUI with Prior Felony Convictions

The following penalties are common for a first-time aggravated DUI as a class 4 felony if you have prior felony convictions:

  • Between 2.25 years and 7.5 years in prison
  • At least $4,700 in fines and fees
  • Drivers license revoked
  • Alcohol counseling
  • Probation
  • Potential community service
  • 2 years of ignition interlock device in vehicle

Note that with more than one prior felony conviction, your prison time shoots up to 6 years to 15 years.

Penalties for First-Time Aggravated DUI (Class 6 Felony)

The following penalties are common for a first-time aggravated DUI as a class 6 felony:

  • Between 1 day in jail to 2 years in prison
  • At least $4,700 in fines and fees
  • Drivers license revoked
  • Alcohol counseling
  • Probation
  • Potential community service
  • 2 years of ignition interlock device in vehicle

Penalties for Class 6 Aggravated DUI with Prior Felony Convictions

The following penalties are common for a first-time aggravated DUI as a class 6 felony if you have prior felony convictions:

  • Between 9 months and 2.75 years in prison
  • At least $4,700 in fines and fees
  • Drivers license revoked
  • Alcohol counseling
  • Probation
  • Potential community service
  • 2 years of ignition interlock device in vehicle

Note that with more than one prior felony conviction, your prison time shoots up to 2.25 years to 5.75 years.

Contact The Law Office of James Novak

For more information about your legal rights and options after a DUI charge, be sure to contact a drunk driving and criminal defense attorney today. The team at The Law Office of James Novak will fight diligently for you every step of the way.

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