Aggravated DUI

AGGRAVATED DUI

DUI Under the Criteria of Phoenix, Arizona's Felony DUI Laws

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When a Misdemeanor Becomes a Felony in Phoenix, AZ

FELONY & AGGRAVATED DUI LEGAL ASSISTANCE IN PHOENIX AND SCOTTSDALE, ARIZONA

If you have been charged with Aggravated DUI in Arizona because at the time of the offense: it was your third DUI within seven years, there was a minor in the vehicle, your license was suspended, or another one of the criteria in Arizona’s felony DUI laws then this guide is what you are looking for. 

Essential Information About Aggravated​ DUI Cases in Phoenix

Aggravated DUI cases are a unique creation of the Arizona legislature. The law turns, what would otherwise be a misdemeanor DUI, into a felony if the offense occurs under several specific scenarios. 

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Driver's License Suspended, Revoked or Cancelled

Commits a violation of § 28-1381, § 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating § 28-1381 or 28-1382 or under § 28-1385.

Suspended License

Arizona DUI License Suspended, Revoked or Cancelled

State v. Robles, 213 Ariz. 252. 141 P.3d 748 (App. 2006), holding that the crime of Aggravated DUI does not have a lesser included offense of driving on a suspended license. 

Out of State License

Arizona DUI Out of State License

State v. Claybrook, 193 Ariz. 588, 975 P.2d 1101 (App. 1998), holding that when a person has a valid out of state license it still does not prevent a conviction for driving on a revoked license; once Arizona license revoked, a driver must reapply and obtain Arizona license before the driver can legally drive in Arizona.

Mental State

Arizona DUI Aggravated DUI Mental State

State v. Williams, 144 Ariz. 487 (1985), holding that ARS 28-1383 does not specify a culpable mental state for any of the means of committing the crime of aggravated DUI.

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Third Offense Within 84 Months

Within a period of eighty-four months commits a third or subsequent violation of § 28-1381, § 28-1382 or this section or is convicted of a violation of § 28-1381, § 28-1382 or this section and has previously been convicted of any combination of convictions of § 28-1381, § 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of § 28-1381, § 28-1382 or this section.

State v. Galati, 195 Ariz. 9. 985 P.2d 494 (1999), holding the court erred by allowing the defendant to admit aggravating elements (license suspended and he had two prior DUI convictions) and then ordering a jury trial to proceed only on the elements of the DUI portion of the aggravated DUI charges.  The decision provides a trial court cannot bifurcate a trial when doing so precludes a jury from considering prior convictions that are elements of a charged offense.

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Child Under 15 in the Car

While a person under fifteen years of age is in the vehicle, commits a violation of either: (a) Section 28-1381. (b) Section 28-1382.

State v. Gomez, (2019) holding that knowledge of a passenger’s age is not required to violate the section of the Aggravated DUI statute prohibiting operate a vehicle under the influence of drugs or alcohol while carrying a passenger less than 15 years of age (A.R.S. section 28-1383(A)(3)).

State v. Olquin, 216 Ariz. 250. 165 P.3d 228 (App. 2007),  holding that ARS 28-1383(A)(3) does not require the government to prove the identity of the person under the age of fifteen who was in the vehicle.

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Interlock Violation

While the person is ordered by the court or required pursuant to § 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of § 28-1381, § 28-1382 or this section.

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Wrong Way Driving

Commits a violation of § 28-1381, § 28-1382 or this section while driving the wrong way on a highway.

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Dates of Commission

The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision provided in subsection A, paragraph 2 of this section regardless of the sequence in which the offenses were committed. For the purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts. The time that a probationer is found to be on absconder status or the time that a person is incarcerated in any state, federal, county or city jail or correctional facility is excluded when determining the eighty-four month period provided in subsection A, paragraph 2 and subsection E of this section.

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Notice of Suspension

The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in § 28-3318 or pursuant to the laws of the state issuing the license.

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Mandatory Minimum Penalties

A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison if the person is convicted under any of the following: 1. Subsection A, paragraph 1 of this section. 2. Subsection A, paragraph 2 of this section and within an eighty-four month period has been convicted of two prior violations of § 28-1381, § 28-1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of § 28-1381, § 28-1382 or this section. 3. Subsection A, paragraph 5 of this section.

Second Offenses

A person who is convicted under subsection A, paragraph 2 of this section and who within an eighty-four month period has been convicted of three or more prior violations of § 28-1381, § 28-1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of § 28-1381, § 28-1382 or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison.

Second Offenses | Child in Car

A person who is convicted under subsection A, paragraph 3, subdivision (a) of this section shall serve at least the minimum term of incarceration required pursuant to § 28-1381.

Aggravated DUI is the name the Arizona legislature has given to DUI cases that are felonies. A.R.S. § 28-1383 provides:


A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:


1. Commits a violation of § 28-1381, § 28-1382 or this section while the person’s driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person’s driver license or privilege to drive as a result of violating § 28-1381 or 28-1382 or under § 28-1385.

2. Within a period of eighty-four months commits a third or subsequent violation of § 28-1381, § 28-1382 or this section or is convicted of a violation of § 28-1381, § 28-1382 or this section and has previously been convicted of any combination of convictions of § 28-1381, § 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of § 28-1381, § 28-1382 or this section.

3. While a person under fifteen years of age is in the vehicle, commits a violation of either:

(a) Section 28-1381.

(b) Section 28-1382.

4. While the person is ordered by the court or required pursuant to § 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of § 28-1381, § 28-1382 or this section.

5. Commits a violation of § 28-1381, § 28-1382 or this section while driving the wrong way on a highway.

[RECENTLY ADDED TO THE LAW]

Felony DUI Penalties in Phoenix and Scottsdale, AZ
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Arizona Aggravated DUI FAQS

  • What is the crime of Aggravated DUI in Arizona?

    Arizona has both misdemeanor and felony DUI offenses.  “Aggravated DUI” is simply the name Arizona gives to felony DUI cases. Arizona’s Aggravated DUI statute is A.R.S. 28-1383.  When I was a prosecutor in the Vehicular Crimes Section of the Maricopa County Attorney’s Office, these were the most common crimes we prosecuted.  

  • What makes a DUI in Arizona into a felony?

    There are several ways a person can violate Arizona’s Aggravated DUI statute.  In each scenario, there is a violation of the misdemeanor DUI law plus some other aggravating circumstance that the legislature believed merited converting the offense to a felony.


    • First, a person violates the aggravated DUI statute by, driving while under the influence of intoxicating liquor or drugs (i.e. violating the misdemeanor DUI statute): While their driver’s license is either suspended, canceled, revoked, or while there is any restriction.
    • Second, a person violates the aggravated DUI statute by, driving while under the influence of intoxicating liquor or drugs (i.e. violating the misdemeanor DUI statute): Within a period of eighty-four months commits a third DUI.
    • Third, a person violates the aggravated DUI statute by, driving while under the influence of intoxicating liquor or drugs (i.e. violating the misdemeanor DUI statute): While a person under fifteen years of age is in the vehicle. 
    • Fourth, a person violates the aggravated DUI statute by, driving while under the influence of intoxicating liquor or drugs (i.e. violating the misdemeanor DUI statute): While the person is ordered by the court or required pursuant to equip any motor vehicle the person operates with a certified ignition interlock device.
    • And fifth, a person violates the aggravated DUI statute by, driving while under the influence of intoxicating liquor or drugs (i.e. violating the misdemeanor DUI statute): While driving the wrong way on a highway (this is new in 2019).
  • Is the required punishment the same for all types of Aggravated DUI cases?

    No. If convicted the aggravated DUI statute does have some mandatory minimum punishments.  However, the mandatory minimums sentence varies depending upon which section of the law you have been charged. 


    An Arizona DUI may affect your driving privileges in the state you reside in. Consequences vary by state. In addition, depending on the court in which your DUI is being prosecuted and the facts of the case, you may be able to resolve your DUI without returning to Arizona.


"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. 

This is a prosecutor's worst nightmare, and it should be that way if you need an attorney."

- David E.

Real Client's Husband, Phoenix, AZ

Hiring an Aggravated DUI/DWI Attorney in Phoenix AZ

Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.


An attorney cannot do anything for you unless he or she has extensive experience in these areas.  Police officers are only human and do commit legal errors.  However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.


You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.


An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.

For more information, call our office at (602) 494-3444 or visit our contact page.
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What Real People Are Saying

That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.

Real Client's Husband, Phoenix, AZ

"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. 

This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."

 - David E.

REAL CLIENT, PHOENIX, AZ

It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond."

 - Joe C.

Contact Us Today!

For more information, call our office at (602) 494-3444 or fill out the form and we will get back to you.

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