Felony Aggravated DUI FAQs

A DUI conviction can jeopardize almost every aspect of your life. However, being convicted for a felony aggravated DUI will almost certainly result in a lengthy prison sentence in addition to the collateral consequences that follow in the wake of any DUI conviction. For those facing these serious charges, it’s normal to have questions. At the Law Office of James E. Novak, we have more than 20 years of experience defending the rights of clients charged with serious Arizona DUI offenses. We understand what you are going through, the impact that your arrest could have on your future, and what it takes to obtain the best possible result in your case.

Below is a list of some felony aggravated DUI FAQs.

Under Arizona Revised Statutes § 28-1383, there are five different situations that can turn a misdemeanor DUI into an aggravated felony DUI.

1. Your license was suspended, canceled or revoked due to a previous DUI conviction;
2. You have two other DUI convictions from the previous 84 months, either in Arizona or any other state;
3. You had a minor under the age of 15 in the car with you at the time you were arrested;
4. You are arrested for DUI without an ignition interlock system installed on your vehicle when you were required to have one; and
5. You were arrested for DUI while driving the wrong way on the highway.

The charges and penalties for a felony aggravated DUI depend on the aggravating circumstances alleged by the government. Most aggravated felony DUIs are Class 4 felonies, with the exception of a DUI with a minor in the car, which is a Class 6 felony. The presumptive term of imprisonment for a Class 4 felony is 2.5 years for a first-time offender, and the presumptive term of imprisonment for a Class 6 felony is one year. However, A.R.S. § 28-1383 provides that, in some cases, someone convicted of an aggravated felony DUI is eligible for probation or suspension of their sentence. An experienced Arizona DUI defense attorney can help you understand what your maximum exposure is and how to effectively fight your case.

Yes, in some cases, Arizona law imposes mandatory minimum sentences for those convicted of a felony aggravated DUI. For example, you must serve at least four months in jail if you are convicted of an aggravated felony DUI related to driving on a DUI suspended license, driving the wrong way on the highway, or if you have two prior DUI convictions. If you have three prior DUI convictions, the mandatory term of imprisonment increases to eight months.

As a general rule, judges have great flexibility in how they fashion a DUI sentence. Those who present a good reason for the judge to exercise leniency may be spared of a jail sentence in many cases. Thus, it is imperative that anyone facing an Arizona DUI consult with an experienced criminal defense attorney to ensure they receive the most favorable sentence possible in those situations where a conviction is unavoidable.

If you were recently arrested and charged with a felony DUI and still have questions after reviewing the felony aggravated DUI FAQs listed above, reach out to the Law Office of James E. Novak. Attorney Novak is a veteran DUI defense attorney with more than two decades of hands-on experience defending clients from the harsh consequences of a DUI conviction. He is immediately available to meet with you, answer your questions, and discuss what defenses you may have against the charges you face. To learn more, and to schedule a free consultation with Attorney Novak today, call 480-413-1499.