Aggravated DUI
The Possible Penalties For Aggravated DUI in Arizona
At The Heath Law Firm, I never forget that facing a drunk driving charge is scary, especially if the offense is a felony DUI or Aggravated DUI as it’s called in Arizona. Aggravated DUI penalties in Arizona are incredibly harsh. And the range of penalties increase depending on how many prior felonies you have. There are four types of Aggravated DUIs-one is a class 6 felony and the rest are class 4 felonies. They are:
A charge alleging a DUI while a child under 15 years-old was in the car (a class 6 felony);
A charge alleging 2 or more prior DUIs within 7 years (a class 4 felony);
A charge alleging a DUI while your license was suspended or revoked (a class 4 felony); and
A charge alleging a DUI while you had an ignition interlock device (a class 4 felony).
Let’s begin with the absolute maximums for an Aggravated DUI offense and then we’ll get into the more common consequences of felony DUI.
What Are The Maximum Penalties For An Aggravated DUI?
If you have no prior felony offenses, the maximum penalty for a class 6 felony is 2 years in the Arizona Department of Corrections (prison). Without priors, a class 4 felony carries a maximum incarceration term of 3.75 years in prison. The maximum fine for both class 6 and class 4 felonies is $150,000 plus surcharge (currently 83 percent).
Incarceration time ramps up drastically if you have prior felony convictions. For example, if you one prior felony that’s allegeable (doesn’t have to be a DUI felony), then the maximum punishment is 7.5 years. And if you have two or more prior felony convictions, the maximum penalty is a whopping 15 years! If convicted, sentences can be anywhere between the mandatory minimum to the maximum. Because penalties for Aggravated DUI in Arizona are so harsh, most sentences for first-time felony offenses hover around the minimums unless there are egregious facts or circumstances but that can change depending on your judge. Those are very case-specific factors and experienced counsel can guide you through that analysis.
But that analysis is different if you have prior felony convictions. Penalties are much harsher. With prior felonies, sentences usually hover around the presumptive terms, which are 2.5 years, 4.5 years, and 10 years respective of how many prior felonies are alleged or proven after trial. Probation is the minimum punishment for all Aggravated DUI convictions in Arizona but there are specific mandatory minimum punishments that accompany probation.
What Are The Mandatory Minimum Penalties For An Aggravated DUI?
Aggravated DUI, a class 4 felony
| Prison Time | Fines | Counseling | Ignition Interlock | License Suspension |
|---|---|---|---|---|
| 4 months prison | $750 + 83% surcharge & $1,500 prison construction fund & $1,500 public safety equipment fund & $250 DUI assessment fee | Required (hours determined by adult probation department) | Required for at least 24 months | 3 years revocation |
First time DUI with BAC less than .2 but more than .15
| Jail Time | Fines | Counseling | Ignition Interlock | License Suspension |
|---|---|---|---|---|
| 30 days (21 suspended if ignition interlock installed by sentencing) | $250 + 83% surcharge & $500 prison construction fund & $500 public safety equipment fund & $250 DUI abatement fee | Required (hours determined by a court-approved agency) | Required for at least 12 months (or 18 months for (A)(2) conviction) | 90 days (may apply for a restricted license after 30 days) |
First time DUI with BAC more than .2
| Jail Time | Fines | Counseling | Ignition Interlock | License Suspension |
|---|---|---|---|---|
| 45 days (31 suspended if ignition interlock installed by sentencing) | $500 + 83% surcharge & $500 prison construction fund & $500 public safety equipment fund & $250 DUI abatement fee | Required (hours determined by a court-approved agency) | Required for at least 12 months (or 18 months for (A)(2) conviction) | 90 days (may apply for a restricted license after 30 days) |
Second time DUI with BAC less than .15
| Jail Time | Fines | Counseling | Ignition Interlock | License Suspension |
|---|---|---|---|---|
| 90 days (60 suspended upon completion of counseling) | $500 + 83% surcharge & $1,250 prison construction fund & $1,250 public safety equipment fund | Required (hours determined by a court-approved agency) | Required for at least 12 months (or 24 months for (A)(2) conviction) | 1 year (may apply for a restricted license after 45 days with special interlock restricted license) |
Second time DUI with BAC less than .2 but more than .15
| Jail Time | Fines | Counseling | Ignition Interlock | License Suspension |
|---|---|---|---|---|
| 120 days (60 consecutive) | $500 + 83% surcharge & $1,250 prison construction fund & $1,250 public safety equipment fund | Required (hours determined by a court-approved agency) | Required for at least 12 months (or 24 months for (A)(2) conviction) | 1 year (may apply for a restricted license after 45 days with special interlock restricted license) |
Second time DUI with BAC more than .2
| Jail Time | Fines | Counseling | Ignition Interlock | License Suspension |
|---|---|---|---|---|
| 180 days (90 consecutive) | $1,000 + 83% surcharge & $1,250 prison construction fund & $1,250 public safety equipment fund & $250 DUI abatement fee | Required (hours determined by a court-approved agency) | Required for at least 12 months (or 24 months for (A)(2) conviction) | 1 year (may apply for a restricted license after 45 days with special interlock restricted license) |
Also, the court can order a term of community service in addition to the penalties listed above. For second time DUIs, there is a mandatory 30 hours of community service required. Normally, government plea offers are to the mandatory minimums. That’s another reason it’s important to have qualified counsel by your side. Even the mandatory minimums are extremely harsh, not to mention the collateral consequences of a conviction.
What Are The Collateral Consequences Of A DUI?
There are other penalties not listed here but can be just as devastating. First, there are the MVD consequences to your driving privileges. A DUI on your driving record causes your insurance rates to spike. Second, there are the incidental consequences that can affect employment, child custody, immigration, and the emotional toll of a conviction on your record. These consequences are real and shouldn’t be ignored when evaluating your case and seeking the best resolution for you.
Is There Any Way To Reduce The Mandatory Minimums?
There are many factors that can affect the sentence. First, hire good counsel to attack the case. DUIs are not as rock-solid as the government wants you to believe. Through skillful negotiation and litigation, an attorney may be able to negotiate a more lenient sentence short of trial. Second, there are statutory provisions that can mitigate a sentence such as court-ordered counseling or installation of an interlock device. Finally, most city courts can offer home detention after 20 percent of the sentence is served. To participate in home detention you must have a telephone line (traditional landline) to participate.
How Do I Avoid Of The Mandatory Minimum DUI Penalties?
If you’re convicted of the charge either through trial or a plea agreement, you can’t. No matter how bad the judge feels for you, the legislature took that power away from the courts in Arizona. A court should be able to factor in the appropriate consequences for each individual person because no two DUIs or people are the same but that’s the reality. Nevertheless, if you win at trial or your case is dismissed or you plea to something other than a DUI, none of the above mandatory minimum penalties apply. Let me repeat it again: having qualified legal counsel who can assist you is critical. There’s no substitute for experience and hard work to obtain better outcomes in a DUI case.
Contact Me To Avoid The Harsh Penalties
Give my office in Mesa at 480-442-0489 or use the email form right away. DUI is what I focus my legal practice on and I am confident I can help you.