Aggravated DUI in Arizona — Felony DUI Defense Attorneys
& Certified Criminal Law Specialists
Free Consultation 24/7 & Payment Plans
Aggravated DUI in Arizona — Felony DUI Defense Attorneys
& Certified Criminal Law Specialists
Free Consultation 24/7 & Payment Plans
Facing an Aggravated DUI in Arizona?
An aggravated DUI is not a standard drunk-driving charge — it’s a felony offense under ARS §28-1383, carrying mandatory jail time and long-term consequences.
At The Weingart Firm, our aggravated DUI attorneys defend clients across Phoenix, Tempe, and all of Arizona, helping reduce or dismiss felony DUI charges through proven legal strategies.
Possible Penalties for an Aggravated DUI
If convicted, penalties may include:
Our firm has the in-depth training and knowledge needed to defend you against an aggravated DUI in Arizona. If you are convicted, we will work tirelessly to minimize penalties, ensuring your quality of life is maintained.
Facing an Aggravated DUI in Arizona?
An aggravated DUI is not a standard drunk-driving charge — it’s a felony offense under ARS §28-1383, carrying mandatory jail time and long-term consequences.
At The Weingart Firm, our aggravated DUI attorneys defend clients across Phoenix, Tempe, and all of Arizona, helping reduce or dismiss felony DUI charges through proven legal strategies.
Possible Penalties for an Aggravated DUI
If convicted, penalties may include:
Our firm has the in-depth training and knowledge needed to defend you against an aggravated DUI in Arizona. If you are convicted, we will work tirelessly to minimize penalties, ensuring your quality of life is maintained.
What Is an Aggravated DUI in Arizona?
An aggravated DUI is a felony-level DUI charge under ARS §28-1383. It occurs when specific aggravating factors make a standard DUI offense more serious.
Unlike a misdemeanor DUI, an aggravated DUI conviction in Arizona can result in mandatory prison time, long-term license revocation, and a permanent felony record.
Common Aggravating Factors
You may be charged with an aggravated DUI if your case involves one or more of the following:
- Wrong-Way Driver – If you are arrested for a DUI while driving the wrong way on a highway
- Passenger under 15 years old – If you’re arrested for a DUI, and you had a passenger under 15 years old
- Multiple DUIs in 7 years – If you’re arrested for a 3rd DUI
- Driving Without a Valid License – If you’re arrested for a DUI and your privilege to drive is suspended, revoked, or restricted
- Driving Without an Interlock Ignition Device – If you’re arrested for a DUI and you were limited to operating a vehicle with an interlock ignition device
These factors elevate a regular DUI into a Class 4 or Class 6 felony, depending on the circumstances.
How Our Arizona DUI Lawyers Can Help
At The Weingart Firm, our DUI attorneys have a proven track record of success in Aggravated DUI cases, and our attorneys are prepared to assist you at every stage of the legal process. We are dedicated to aggressively defending your rights and reaching a positive outcome for your case.
Penalties for an Aggravated DUI in Arizona
The punishments for aggravated DUI vary somewhat depending on the particular aggravating factors and the felony classification under ARS §28-1383.
While a standard DUI is a misdemeanor, an aggravated DUI is a Class 4 or Class 6 felony, bringing stricter sentencing, higher fines, and long-term consequences.
Sentencing by Felony Class
| Felony Class | Example Situation | Possible Penalties |
| Class 6 Felony | DUI with a minor under 15 in the vehicle |
|
| Class 4 Felony | Third DUI within 7 years or driving with a suspended license |
|
Remember that an aggravated DUI conviction is considered a “forever felony” in Arizona — it remains on your record permanently.
Legal Defenses for Aggravated DUI Charges in Arizona
Even when charged with an aggravated DUI in Arizona, there are several legal defenses that can help reduce or dismiss felony charges. Our criminal defense attorneys analyze every step of the arrest and prosecution to protect your rights under ARS §28-1383.
Common Defense Strategies
Your defense may include one or more of the following arguments:
- Lack of probable cause – The officer did not have a valid reason to stop or arrest you.
- Inaccurate or contaminated BAC testing – Blood or breath samples may have been mishandled, improperly calibrated, or contaminated.
- Procedural errors – Violations of Miranda rights or improper evidence collection can invalidate the arrest.
- Incorrect classification – The circumstances may not legally qualify as an aggravated DUI (e.g., license suspension not in effect).
- No actual physical control – You were not operating the vehicle at the time of the alleged offense.
Our goal is always to challenge the prosecution’s evidence, negotiate reduced penalties, or seek full dismissal when possible.
How Our Defense Team Fights Aggravated DUI Penalties
Our DUI defense attorneys challenge every part of the case — from the legality of the stop and probable cause to the accuracy of blood or breath tests. We also review prior convictions and procedural errors that can reduce or dismiss felony charges entirely.
Our goal: to help you avoid prison, minimize fines, and protect your license.
Contact Our Arizona Aggravated DUI Defense Attorneys 24/7
- Criminal Law Specialists who routinely defend second-offense cases statewide.
- Local experience with county prosecutors, MVD procedures, and court-specific alternatives.
- Forensic network to audit breath/blood testing and expose lab errors or calibration lapses.
- Strategy to reduce or reclassify (super/extreme → regular; second → first where equities support it).
- 24/7 availability and payment plans to move fast before MVD deadlines hit.
Free, confidential case review today. Your decisions in the first 15 days can shape the entire outcome.
Call Our Criminal Defense Attorneys 24/7
If you’ve been charged with an aggravated DUI in Arizona, you must act quickly. You only have 15 days to request an MVD hearing before your driver’s license is automatically suspended.
Our team is available 24/7 to protect your rights, your record, and your ability to drive.
Don’t wait. Contact us NOW for your FREE consultation.
About Your Free DUI Defense Consultation
Meet with one of our DUI lawyers, and we will review your rights. We’ll answer all of your questions, and we’ll explain exactly how we can successfully defend you regarding issues such as:
Free Guide — “How to Survive a DUI Charge in Arizona”
Based on over 40 years of experience defending DUIs, Mark wrote this book to explain the laws and your rights in Arizona concerning a DUI in easy-to-understand terms. If you’ve been charged with a DUI or want to know your legal rights if you are stopped for a DUI, this book is a MUST READ.
What’s in the Free DUI Book
Free Guide — “How to Survive a DUI Charge in Arizona”
Based on over 40 years of experience defending DUIs, Mark wrote this book to explain the laws and your rights in Arizona concerning a DUI in easy-to-understand terms. If you’ve been charged with a DUI or want to know your legal rights if you are stopped for a DUI, this book is a MUST READ.
What’s in the Free DUI Book
Why Clients Trust The Weingart Firm
Arizona enforces some of the strictest DUI laws in the country, which is why experience and reputation matter.
At The Weingart Firm, our team of certified criminal law specialists brings decades of experience defending aggravated and felony DUI cases across Phoenix, Tempe, and throughout Arizona.
We’ve handled thousands of cases and know what it takes to protect your rights and your record.
Proven Results Across Arizona
We’ve successfully defended Class 4 and Class 6 aggravated DUI charges, helping clients avoid prison, reduce fines, and keep their licenses. Our combination of courtroom experience, forensic expertise, and personalized legal strategy gives you the strongest possible defense.
Ready to discuss your case? Contact our team 24/7 for a free, confidential consultation.
Frequently Asked Questions
What is an aggravated DUI in Arizona?
An aggravated DUI is a felony DUI charge under ARS §28-1383. It applies when aggravating factors — like driving with a suspended license, a child under 15 in the car, or multiple prior DUIs — elevate a standard DUI to a felony offense.
What is the minimum sentence for an aggravated DUI in Arizona?
The minimum mandatory sentence for an aggravated DUI is 4 months in prison for a Class 4 felony. However, the actual sentence may vary depending on the specific aggravating factors and any prior convictions.
Can an aggravated DUI be reduced in Arizona?
Yes. With an experienced Arizona DUI defense attorney, it’s possible to negotiate a plea to a lesser charge (such as a misdemeanor DUI) or to have the case dismissed if there are procedural or evidentiary errors.
How long does an aggravated DUI stay on your record in Arizona?
An aggravated DUI conviction is a “forever felony” in Arizona. It remains permanently on your record and can affect employment, housing, and future legal rights unless overturned or expunged.
What’s the difference between a Class 4 and Class 6 felony DUI?
A Class 4 felony DUI usually involves repeat offenses or driving with a suspended license, carrying at least 4 months in prison. A Class 6 felony DUI applies to less severe aggravating factors (like a child passenger), with lighter penalties but still considered a felony offense.