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In Arizona there are five elements which may lead to your DUI being charged as a felony. Which carries a minimum mandatory prison sentence.
Aggravated DUI § 28-1383 - Don't Drink and Drive

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Aggravated DUI § 28-1383 – 5 Types of Felony DUI’s

In Arizona, pursuant to A.R.S. § 28-1383, their are five elements which, if present at the time you’re found driving under influence, may lead to your DUI being charged as a felony.

DON’T Drink and Drive!

The easiest way to avoid an aggravated DUI charge is: Don’t drink and drive!

Plan ahead, because if you don’t the alcohol may affect your judgement of whether or not you’re sober enough to drive.

Aggravated DUI § 28-1383(A)(1) – License Suspended, Canceled, Revoked, or Refused

If a DUI violation is committed while a person’s driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person’s driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.

Aggravated DUI § 28-1383 charged under (A)(1) is a Class 4 Felony, which may carry a presumptive sentence of up 2.5 years in prison for first time offenders. The sentence is probation eligible, meaning that a judge could place the defendant on probation rather than send them to prison.

However, pursuant to § 28-1383(D), A person convicted under § 28-1383(A)(1) is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison.

This means that a felony DUI conviction under  28-1383(A)(1) carries a minimum mandatory 4 month prison sentence.

Aggravated DUI § 28-1383(A)(2) – 3rd+ DUI Violation Within 7 Years

Within a period of eighty-four months (7 years) commits a third or subsequent DUI violation or is convicted of a DUI violation and has previously been convicted of any combination of convictions of DUI or acts in another jurisdiction that if committed in this state would be a DUI violation.

Aggravated DUI § 28-1383 charged under (A)(2) is also a Class 4 Felony.

However, pursuant to § 28-1383(E), A person convicted under § 28-1383(A)(2) is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison.

This means that a felony DUI conviction under  28-1383(A)(2) carries a minimum mandatory 8 month prison sentence.

Aggravated DUI § 28-1383(A)(3) – Passenger Under The Age of 15

If a DUI violation is committed while a person under fifteen years of age is in the vehicle.

Aggravated DUI § 28-1383 charged under (A)(3) is a Class 6 Felony, which may carry a presumptive sentence of up 1 year in prison for first time offenders. The sentence is probation eligible.

A felony DUI conviction under  28-1383(A)(3) doesn’t carry a minimum mandatory prison sentence.

Aggravated DUI § 28-1383(A)(4) – Certified Ignition Interlock Device

If a DUI violation is committed while a person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device.

Aggravated DUI § 28-1383 charged under (A)(4) is also a Class 4 felony.

A felony DUI conviction under  28-1383(A)(4) doesn’t carry a minimum mandatory prison sentence.

Aggravated DUI § 28-1383(A)(4) – Driving The Wrong Way On a Highway

If a DUI violation is committed while driving the wrong way on a highway.

Aggravated DUI § 28-1383 charged under (A)(5) is also a Class 4 felony.

Pursuant to § 28-1383(D), A person convicted under § 28-1383(A)(5) is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison.

This means that a felony DUI conviction under  28-1383(A)(5) carries a minimum mandatory 4 month prison sentence.

An Experienced DUI Defense Lawyer May Be Able to Help Avoid Mandatory Prison

If you’ve been arrested or charged with a DUI, an experienced DUI lawyer may be able to help you avoid not only a DUI conviction, but also avoid prison by getting the charges amended, reduced, or even dismissed.

Call Experienced DUI Defense Lawyer, Brian Soto of SOTO-LAW PLLC Today for a Free Consultation!

Arizona DUI Statutes:

A.R.S. § 28-1381

A.R.S. § 28-1382

A.R.S. § 28-1383

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