Phoenix Aggravated (Felony) DUI Defense Lawyer — Third DUI in 7 Years & Other Aggravators

Getting arrested for DUI in Arizona is serious. When certain aggravating factors are present, a misdemeanor DUI can become Aggravated DUI (a felony) under A.R.S. § 28‑1383. Felony exposure changes everything: mandatory prison sentences, driver license revocation (not just suspended), breathalyzer requirements and many other potential consequences.

What Counts as an “Aggravated DUI” in Arizona?

Under A.R.S. § 28‑1383, DUI (or “actual physical control”) becomes a felony if any of these apply:

1. License Status — Your license was suspended, revoked, canceled, refused, or restricted.
2. Repeat DUIs — This is your third DUI in 84 months (7 years).
3. Interlock Violation — You drove while a court/MVD order required an ignition interlock device (IID).
4. Child in the Car — You drove impaired with a passenger under 15 (typically charged as a Class 6 felony).
5. Wrong‑Way Driving — You drove the wrong way on the road while impaired (Class 4 felony).

Key point: “Extreme” or “Super Extreme” DUI (high BAC) are still misdemeanors unless an aggravator above is present. High BAC increases penalties but, by itself, doesn’t make the case a felony.

Felony Classes & Mandatory Time (What the Statute Actually Says)

• Class 4 Aggravated DUI (e.g., suspended license, 3rd DUI in 84 months, IID violation, wrong‑way): Arizona law imposes a mandatory prison term (no straight probation) of at least 4 months for certain Class 4 aggravated DUI convictions, with higher ranges possible under general felony‑sentencing statutes. License revocation and IID follow.
• Class 6 Aggravated DUI (child under 15): Still a felony; probation‑eligible with potential jail as a condition, or up to prison time under the class 6 range. License revocation and IID apply. (Exact time depends on priors and the court’s findings.)
• Ignition Interlock: Arizona law requires IID after DUI convictions; length and early‑termination rules are governed by statute and MVD policy (and can be extended for violations).

Because fines/surcharges change and vary by court, we avoid quoting hard dollar totals here. Expect significant assessments, revocation, screening/counseling, probation terms, and IID in felony cases.

How We Defend Aggravated DUI Charges

• Fighting the license suspension with the MVD Administrative Hearing Office (MVD deadlines come fast, only 30-days to challenge this).
• Constitutional Rights Violations (due process violation, proper evidence preservation)
• “Actual Physical Control” challenges when a client wasn’t actually driving (totality‑of‑circumstances analysis is critical).
• Two‑hour rule / timing (whether alcohol/drug levels relate back to the driving time).
• Stop, detention, and arrest (reasonable suspicion / probable cause).
• Blood‑draw validity (warrant, voluntariness of “implied consent” advisories, phlebotomy protocol).
• Lab science (chain of custody; GC/MS methodology; uncertainty; inactive vs. active metabolites).
• Aggravator proof (e.g., was the license truly revoked on the date/time alleged? Was the IID‑order active? Was the roadway legally a “highway” for a wrong‑way count?).
• Mitigation (treatment and rehab, sobriety, SCRAM/CAM, verified employment/school, community impact) to influence charging and sentencing outcomes.

Appellate Guidance We Rely On

• “Actual Physical Control” — Totality Test Arizona appellate courts use a totality‑of‑circumstances approach for whether someone who isn’t driving nonetheless had control consistent with immediate operation (e.g., location of keys, engine status, where the vehicle is stopped, driver’s position, safety measures taken). This can be outcome‑determinative in parked‑car cases.
• Blood Draws, Consent & Warrants Arizona’s high court has held that coercive implied‑consent advisories cannot substitute for voluntary consent; when in doubt, officers should get a warrant. Suppression fights often turn on the exact words used and the timeline of the draw.
• Drug Metabolites vs. Impairment The court has recognized that inactive marijuana metabolites cannot alone support a “per se drug DUI” conviction; the focus returns to impairment evidence if only inactive metabolites are present.

These principles guide our motions practice and trial strategy, especially in parked‑car, drug DUI, and blood‑draw cases. (We’re happy to discuss specific citations during a consultation.)

Two Short, Real‑World Hypotheticals

• “Three in Seven” — Class 4 Felony D. has two prior misdemeanor DUIs within 6 years. He’s stopped for a taillight, shows clues on FSTs, and blows above 0.08. Even though this stop looks “routine,” the third DUI within 84 months exposes him to a Class 4 aggravated DUI with mandatory prison unless the charge is reduced. We attack the basis for the stop, the breath machine’s maintenance, and the exact conviction dates of the priors (84‑month math matters). If a prior doesn’t qualify, the case can drop back to a misdemeanor–this can especially apply for prior DUIs from outside Arizona.
• “Suspended License, Parked Car” — Was There APC? J. falls asleep in a parking lot with the engine off, keys in the trunk, and the seat reclined. He’s on suspension, so the State files Class 4 aggravated DUI. We litigate actual physical control hard: lighting, vehicle position, key location, driver intent (Uber already called), and non‑driving safety steps. If the judge/jury finds no APC, the felony collapses.

Inside the Phoenix / Maricopa County Process (What We See Often)

• Admin deadlines: You typically have a very short window (30 days) to request an MVD hearing on the suspension—miss it and your license will be automatically suspended.
• Felony DUI calendars: Maricopa felony DUI cases often move quickly with set staffing by DUI units; early mitigation packets (treatment enrollment, employer letters, negative ETG/PEth tests) can influence charging decisions.
• Home detention instead of jail instead of jail: Some courts will consider home detention or continuous alcohol monitoring as part of a negotiated disposition—not guaranteed, but credible sobriety compliance helps.

Practical Goals We Pursue in Felony DUI Cases

• Knock out the aggravator (e.g., prove license wasn’t actually revoked; IID order expired; wrong‑way element not met).
• Invalidate the blood draw (warrant/consent defects; chain‑of‑custody issues).
• Re‑classify to misdemeanor (when the aggravator is factually or legally weak).
• Minimize custody (structured treatment, verified sobriety, SCRAM/CAM, employment/school stability).
• Protect licensure (targeted MVD strategy; ignition‑interlock planning; avoiding extensions for violations).

Quick Reference — Arizona Law

• Aggravated DUI elements & classes (incl. wrong‑way) → A.R.S. § 28‑1383. Takeaway: lists five aggravators; Class 4 vs. Class 6; contains mandatory prison language for certain Class 4 convictions.
• License Revocation for 1-year and Ignition Interlock framework → A.R.S. § 28‑1464 (IID program; MVD oversight). Takeaway: IID is required after DUI; MVD can extend for violations.

(Statutes change from time to time; we keep our templates and arguments current.)

Talk to an Arizona Felony DUI Lawyer Today

Zalman Sapad founded Arizona Justice Law Group to provide meticulous, trial‑ready representation to Arizonans facing DUI charges—from misdemeanors to complex felonies. We’ll review your police reports, video, lab data, and MVD status and give you a straightforward plan.

📞 (602) 730‑1756 · 📧 ArizonaJusticeLawyer@gmail.com · Contact Arizona Justice Law

Past outcomes don’t guarantee future results. This page is information, not legal advice. For advice on your facts, please call or email.