There are two main methods in Arizona by which a person can be charged with Aggravated DUI. The first way is if a person has two prior DUI convictions within a 7-year period prior to the most recent arrest. If that is the case, the third arrest can be charged as an Aggravated DUI.
The second way is if a person is charged with DUI while their license is suspended, canceled, revoked, or refused, or if their license is restricted due to a prior DUI arrest. What this means is that a person could have never had a DUI in the past, but if their license is suspended for any other reason, such as unpaid tickets, their first-time DUI could be charged as an Aggravated DUI in Arizona.
In Arizona, Aggravated DUI is a Class 4 Felony that requires a mandatory 4-month term in the Arizona Department of Corrections upon conviction. No work release is available, nor may the sentence be served in the county jail. The maximum sentence you can receive for an Aggravated DUI in Arizona is 2.5 years in prison. Additionally, your driver’s license will be revoked for a minimum of 3 years, and will not be reinstated until Arizona MVD believes you are no longer a risk to re-offend.
A conviction for Aggravated DUI in Arizona also carries with it the consequences of being a convicted felon. A convicted felon in Arizona loses his right to vote, his right to carry a gun, and faces serious difficulties keeping or obtaining employment. You will have to petition the court in order to have these rights restored.
If you are arrested for a DUI while there is a child under the age of 15 in the vehicle, that can also be charged as an Aggravated DUI in Arizona, but that particular charge is a Class 6 Felony, not a Class 4. Although it is still a felony, it is a less serious charge than the other forms of Aggravated DUI, and the four month prison term is not mandatory. The other consequences of a felony conviction still apply, however.
An aggressive, competent Arizona DUI attorney can help minimize the significant impact a DUI can have in your life.