Felony Aggravated DUI Offenses Losing Your Freedom Is Not an Option

Tucson Aggravated DUI Attorney

Arizona Aggravated DUI Laws

Nesci & St. Louis is the premier DUI defense law firm in Arizona. Our entire practice is devoted exclusively to criminal defense and DUI defense and representing individuals who have been injured or had their rights violated by the state or government so that we can provide the most aggressive and effective representation to our clients state-wide.

If you have been charged with aggravated DUI under Arizona Revised Statute §28-1383, you face mandatory prison time and a felony record. Our lawyers know what it takes to achieve the best possible outcome in your case.

When is a DUI Charged as an Aggravated Felony?

DUI is charged as a misdemeanor regardless of the blood alcohol content (BAC) — contrary to what most people think. DUI is charged as an aggravated felony in Pima County and throughout Arizona when one or more of these additional elements applies:

DUI is charged as an aggravated felony in Pima County and throughout Arizona when one or more of these additional elements applies:

  • It is your third DUI arrest within a seven-year period, measured from the date of the first incident to the date of the current incident.
  • Your driver’s license was cancelled, restricted or suspended at the time of your DUI arrest.
  • A minor under the age of 15 was in the vehicle at the time you were allegedly driving under the influence.
  • You were ordered to have a breath-testing device (an ignition interlock) in any vehicle you drive at the time of your DUI arrest.
  • You were driving the wrong way on the highway when you were arrested for DUI.

What are the Penalties for Aggravated DUI in Arizona?

According to Arizona’s Revised Statutes (A.R.S.) §28-1383, aggravated DUIs are typically charged as a class 4 felony which includes a third offense DUI or driving with a revoked license.

  • 1st offense Aggravated DUIs can carry a sentence of up to 3.75 years in prison.
  • 2nd offense Aggravated DUIs is up to 7.5 years in prison.
  • 3rd offense Aggravated DUIs is up to 15 years in prison.

Additionally, other than an Aggravated DUI based on having a minor in the vehicle, which is a class six felony, a conviction for an Aggravated DUI is class four felony. This offense carries a mandatory minimum prison sentence:

  • 1st aggravated offense it is 4 months,
  • for a 2nd aggravated offense it is 2.25 years,
  • and for a 3rd aggravated offense it is 6 years.

Other penalties include:

  • Loss of your Driver's License for up to 3 years
  • Up to $4.75k in Fines
  • The requirement that you install a breath tester (Interlock Ignition Device ) in any vehicle that you drive for up to 2 years
  • Mandatory Substance Abuse Classes
  • Registration for SR-22 & High Risk Insurance

Note - Harsher penalties are always enforced for multiple infractions or death/injury due to driving while intoxicated.

Experienced Aggravated DUI Legal Counsel in Pima County

If you are facing felony DUI charges in Arizona, you require aggressive, knowledgeable representation.

Our attorneys have the extensive backgrounds in handling these cases, the training on the relevant issues, and the focus needed to win, including:

  • Certification as a Specialist in Criminal Law by the State Bar of Arizona
  • Certification as a Specialist in DUI Defense by the National College for DUI Defense (as authorized by the American Bar Association)
  • Training as a Standardized Field Sobriety Test Instructor through a National Highway Traffic Safety Administration course
  • Training as a Standardized Field Sobriety Test Administrator through a National Highway Traffic Safety Administration course
  • Training on laboratory blood testing in an American Chemical Society course
  • Experience as an instructor, training other lawyers and judges at more than 120 State Bar and defense conferences on DUI issues

Fight your felony DUI charges! Call Nesci & St. Louis today at (520) 999-2441 or contact us online to schedule your free initial consultation.


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Our Firm is Different

We Will Protect Your Freedom & Future
  • National Leaders in the Field of Criminal Defense
  • An Attorney Certified in Both Criminal Law and DUI Defense in Arizona
  • Aggressive Representation Delivered Every Time
  • Exclusively Focusing on DUI, and Criminal Defense Law
  • Backed by Over Forty Years of Combined Experience