DUI & Criminal Defense

2501 North 7th Street
Phoenix, AZ 85006

Aggravated DUI Arizona (2020)

AGGRAVATED DUI | FELONY DUI

The Definitive Guide (2020)

Aggravated DUI | Felony DUI | Arizona DUI Lawyer

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. 

LET’S GO

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. 

Essential Information About Aggravated​ DUI Cases

AGGRAVATED DUI - 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 Driver's License Aggravated DUI

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

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.

THC in the BRAIN

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.

AGGRAVATED DUI - 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.

AGGRAVATED DUI - 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.

AGGRAVATED DUI - 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.

five5
AGGRAVATED DUI - Wrong Way Driving

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

six6
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.

seven7
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.

eight8
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]

Aggravated DUI

Frequently Asked Questions

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.  

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).

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. 

Ready to fix this?
(602) 494-3444

Related:

Ready to get your future back?

Can you send me a brief movie trailer of what you need fixed?

Either my assistant or I will get back to you as soon as possible. 

(602) 494-3444

You are also welcome to call now.