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Learn about what is considered an aggravated DUI, how it is determined, and the penalties and consequences involved if you are convicted in Arizona.

It is common knowledge that drinking and driving are dangerous and is a crime with severe penalties. Every day, approximately 30 people in the United States are fatally injured in a motor vehicle accident involving a drunk driver. There is an average of 900,000 arrested each year for DUI/DWI, and a full 1/3 of those are repeat offenders.

The Facts about Drunk Driving

According to Mother Against Drunk Driving (MADD):

• Every two minutes, a drunk driving crash injures someone.
• Someone is fatally wounded in a drunk driving accident every 51 minutes.
• 2 out of 3 people will be impacted by a drunk driving crash in their lifetime.
• The average drunk driver has driven drunk almost 80 times before their first arrest.
• About 1/3 of all drivers arrested or convicted of drunk driving are repeat offenders.

Effects of Alcohol on Driving Ability

Vehicle accidents are the #1 danger associated with drinking and driving. According to the NHTSA, Consuming too much alcohol impairs your ability to use your common sense and think long-term. Alcohol causes a:

• A decline in visual function and loss of judgment and alertness.
• Reduction in muscle coordination and impaired perception makes it harder to detect and react to danger and emergency driving situations.
• Slowed mental processing ability results in substantial inability to control the vehicle, maintain lane position, and brake appropriately.

You can’t pay attention to the cars on the road and your reaction time is slower because of alcohol. You might not hit the brakes in enough time, which can cause serious accidents.

Drunk Driving Puts Everyone on the Road at RIsk

When you get behind the wheel of a car after having too much to drink, your put your own life in danger, and jeopardize the safety of everyone else on the road.

When someone is severely injured or killed due to one person’s choice to drive under the influence, the impact is monumental. The victim may be left permanently disfigured, paralyzed, unable to talk, or feed themselves, or brain-injured. They will require constant care for the remainder of their lives. The victim’s family may be left grieving the loss of a wife, husband, son, or daughter and could be left with no breadwinner to provide for his or her needs. For every victim of a drunk driving crash, another victim will also have to live with the results of drunk driving.

What Constitutes Drunk Driving?

Drunk driving happens when a person drives an automobile after consuming alcoholic beverages to such an extent that it impairs that person’s ability to drive the vehicle. To find a person guilty, a jury must be convinced beyond a reasonable doubt that the person’s blood alcohol content exceeded the legal limit. In most states, the legal limit is .08 (or 8 percent).

What is Aggravated DUI?

In Arizona, an aggravated DUI is considered a felony and is defined under A.R.S. §1328-1383. The difference between a regular DUI and aggravated DUI is essentially determined by aggravating factors or triggers present during the time of an arrest. 

There are four types of Aggravated DUIs:

1. A charge alleging a DUI while a child under 15 years-old was in the car (a class 6 felony);
2. A charge alleging two or more prior DUIs within seven years (a class 4 felony);
3. A charge alleging a DUI while your license was suspended or revoked (a class 4 felony); and
4. A charge alleging a DUI while you had an ignition interlock device (a class 4 felony).

What are the penalties for an Arizona Aggravated DUI?

In Arizona, an aggravated DUI is a felony charge with automatic jail time.

The Mandatory Minimum Penalties

Class 4 Felony Aggravated DUI:

• Four months in prison
• Fines of $750 + 83% surcharge + $1500 prison construction fund charge + $15,00 public safety equipment fund charge + $250 DUI assessment fee
• Required DUI counseling
• Required ignition interlock for at least 24 months
• Driver’s license revoked for three years.

Class 6 Felony Aggravated DUI:

• Up to 120 days in jail
• Fines up to $150,000 + 83% surcharge
• 12 months counseling
• Ignition interlock device use for at least 12 months
• Driver’s license revocation but can apply for a restricted license

The MAXIMUM Penalties for Aggravated DUI:

Class 4 Felony Aggravated DUI:

• If there are no prior felony convictions, you could serve up to 3.75 years in prison. If there are prior felony convictions, you could serve up to 15 years.
• Fines up to $150,000 + 83% surcharge
• Required DUI counseling
• Required ignition interlock for at least 24 months
• Driver’s license revoked for three years.

Class 6 Felony Aggravated DUI:

• If there are no prior felony convictions, you could serve up to 2 years in prison. If there are prior felony convictions, you could serve up to 10 years.
• $250 + 83% surcharge + $500 prison construction fund charge + $500 public safety equipment fund charge + $250 DUI abatement fee
• 12 months counseling
• Ignition interlock device use for at least 12 months
• Driver’s license revocation but can apply for a restricted license

Repercussions of drinking and driving

After you see the red and blue flashing lights in your mirrors and you can adequately park the vehicle on the side, an officer will approach your vehicle. The following may ensue:

• You may be asked to undergo a sobriety test. The test includes being asked to walk in a straight line, stand on one leg, or follow a light with your eyes.
• If you fail the sobriety test, you will be given a breathalyzer test. In the United States, the legal limit is 0.08% BAC.
• If the driver is under 21 years, the Zero Tolerance law is also applicable. This law states that the legal BAC for those under 21 is 0.01% or 0.02%.
• The driver may then have their driver’s license revoked, be charged a fine, or be assigned community service, depending upon the state.
• Severely or fatally injuring yourself, a passenger, or another person on the road: This is especially taxing mentally, and no one wants to live the rest of their life feeling guilty about one mistake they made.

Financial burdens: In addition to hefty fines and court costs, if you crashed the car and had to visit the hospital, you’ll likely face a massive setback in your savings. The DUI will also trigger an increase in your insurance rates.

Employment: Receiving a DUI shows up during your background check, and employers don’t want an irresponsible person or someone with a chronic alcohol problem working for them.

If you are already employed, the time you’ll spend in in-patient or outpatient alcohol treatment, jail, or prison will likely result in employment termination.

Loss of driving privileges: You will likely lose your driver’s license, and your vehicle could be immobilized with an interlock device or put in an impound lot.

College or scholarships: Many higher learning institutions will revoke your scholarship or deny you admission if you have an aggravated DUI charge on your record.

An Aggravated DUI charge is not something you should take lightly. You will want to consult with an Arizona criminal defense attorney experienced in DUI law. An experienced attorney can help identify mitigating factors in your case to reduce or dismiss your case.