Tempe Aggravated DUI Lawyer

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, PLLC, our aggravated DUI lawyer defends clients across Phoenix, Tempe, and all of Arizona, helping reduce or dismiss felony DUI charges through proven legal strategies. If you’ve received an aggravated DUI charge in Maricopa County, contact a Tempe DUI lawyer from The Weingart Firm, PLLC for a free initial consultation today so we can discuss your case.

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 Driving on a Highway: 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 had a passenger under 15 years old in the vehicle
• Third DUI Within 84 Months: If you’re arrested for a third DUI within 84 months
• Driving on a Suspended, Revoked, Canceled, or Restricted License: If you’re arrested for a DUI while your driving privilege is suspended, revoked, canceled, refused, or restricted due to a prior DUI-related matter
• Driving While Required to Use an Ignition Interlock Device: If you’re arrested for a DUI while required to operate only vehicles equipped with an ignition interlock device

These factors elevate a regular DUI into a Class 4 or Class 6 felony, depending on the specific circumstances.

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.

Class 6 Felony

Example: DUI with a minor under 15 in the vehicle

Penalties may include incarceration consistent with the underlying DUI offense, substantial fines and mandatory assessments, driver’s license revocation, and required alcohol screening, treatment, and community service.

Class 4 Felony

Example: Third DUI within 7 years or driving on a suspended license

Penalties may include mandatory prison time in certain circumstances, significant fines and assessments, driver’s license revocation (with at least a one-year period before eligibility for a new license following conviction), and lengthy probation terms.

Additionally, you should remember that since an aggravated DUI conviction is considered a felony in Arizona, it will remain on your record, which is why you need a competent lawyer in your corner who can fight your charges from the start.

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.

Contact a Maricopa County Aggravated DUI Lawyer

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. If you have any further questions or would like to speak with a knowledgeable Valley of the Sun DUI lawyer about your aggravated DUI case, please do not hesitate to contact The Weingart Firm, PLLC for a free initial consultation today.