An Aggravated DUI, ARS 28-1383, in Phoenix is considered a felony

by Aaron Black • November 22, 2017
ARS 28-1383 in ArizonaHave you been arrested for your third DUI in 7 years? Are you facing a DUI and you had a child under 15 years of age when you were pulled over? If you can answer yes to either of these questions due to the severity of penalties and potentially life-changing implications of conviction, it is crucial for you contact an experienced DUI Defense attorney in Phoenix to defend your freedom.

What’s at stake?

If you are found Guilty of an Aggravated DUI under ARS 28-1383, there are “mandatory minimum” sentences. For example, if convicted, you must serve a minimum 4 months in the Arizona Department of Corrections. If on the other hand you are granted probation, it can last up to 10 years. Furthermore, if this is a first felony conviction and you are not granted probation, you would serve 1 - 3.75 year.

Aggravated DUI Due to License Suspension or Third DUI in 84 Months

This is considered a Class 4 Felony. A class 4 felony is punishable by a maximum punishment is 3.75 years in prison, 4 years of probation and a fine of $150,000 plus surcharges.
  • Minimum Jail - 4 months in prison
  • Maximum Jail - 3.75 years in prison. The maximum jail time can be higher if there are prior felony convictions
  • Fines:
$250 Fee
$750 Fine
$630 Surcharge
$1500 Prison Fund 
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
  • 3-year license revocation
  • Probation up to 10 years if jail sentence
  • Alcohol / Drug Screening & Classes
  • Possible community service
  • Up to 10 years of probation
  • Monthly probation fees – usually $65/month
  • Possible SR22 insurance
  • 2 years Ignition Interlock
  • DNA taken
  • Victim Impact Panel
  • Possible Driving Under the Influence Court program
  • Felony on your record

Aggravated Driving under the Influence with a child in the car under the age of 15

This is considered a Class 6 Felony and the following outlines the penalties if convicted. A Class 6 felony carries a maximum punishment of 2 years in prison, 3 years of supervised probation and a $150,000 fine and surcharges.
  • Minimum Jail - 10 days jail, but 9 may be suspended
  • Maximum Jail - 2 years in prison. The maximum jail time can be higher if there are prior felony convictions
  • Fines:
$250 Fee
$750 Fine
$630 Surcharge
$1500 Prison Fund 
$1500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
  • 3 year license revocation
  • Probation up to 10 years if jail sentence
  • Alcohol / Drug Screening & Classes
  • Possible community service
  • Up to 10 years of
  • probation
  • Monthly probation fees – usually $65/month
  • Possible SR22 insurance
  • 2 years Ignition Interlock
  • DNA taken
  • Victim Impact Panel
  • Possible Driving Under the Influence Court program
  • Felony on your record

Help is a phone call away!

Aaron Black aggressively defends his clients charged with aggravated DUI, ARS 28-1383, and many of his client’s cases result in dismissals, not guilty verdicts, no jail time, or substantially reduced charges.

If you are facing an aggravated DUI, don’t take a chance with your future. Contact the Law Office of Aaron Black or call for a free consultation at 480-729-1683.