No matter what you have been charged with, being accused of driving under the influence in the state of Arizona is a serious matter that warrants the insight of an experienced criminal defense attorney. Being charged with an aggravated DUI, however, is a more severe situation than a regular DUI. As soon as you have been accused of an aggravated DUI, you need to exercise your right to an attorney and request the opportunity to speak with your legal professional. The circumstances of your arrest are likely to have a major impact on your defense, so you need to walk through the entire scenario with your attorney.

Defining an Aggravated DUI

In Arizona, the charge of aggravated DUI is classified as a felony. Authorities can charge you with this when you are driving under the influence with the child under the age of 15 inside the car; you are driving a vehicle with a suspended, revoked, or restricted license; or if you have had two or more DUI convictions within the past seven years.

Officers might also charge you with an extreme DUI, which has to do with the alcohol test results. If your blood or breath alcohol test results indicate a blood alcohol concentration of .15 or higher, you could be facing extreme DUI charges. In addition, a blood-alcohol test result of .20 or higher could lead to super extreme DUI charges. Even though and extreme DUI has more severe penalties than a typical DUI, it is still classified as a misdemeanor.

Penalties for Aggravated DUI –No Prior Record

The severity of your consequences for an aggravated DUI depends largely on your history. With no previous felony offenses, the maximum penalty is up to two years in prison, provided that your charge is categorized as a class 6 felony. If your charge is categorized as a class 4 felony, you could be imprisoned for up to 3.75 years. The fines for either one of these charges can be exorbitant, so you should always consult with your Mesa criminal defense attorney to figure out what kind of penalties you might be facing.

Penalties for Aggravated DUI-Prior Record

If you have been convicted of previous felonies, you could be facing very strict consequences. When you have other felonies on your record, the sentences are likely to be right on or close to presumptive terms. These terms are 2 ½ years, 4 ½ years, or 10 years in prison based on how many previous felonies you have on your record. The minimum punishment for all aggravated DUI convictions in the state of Arizona is probation, but this typically comes alongside other consequences, like community service.

Defending an Aggravated DUI

As you can see from above, an aggravated DUI conviction could have a serious impact on your future. As soon as you have been charged, you need to reach out to an experienced criminal defense lawyer who can walk you through the stages of the court process and prepare you for what to expect. The selection of your criminal defense attorney is an important component to your overall defense strategy.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please feel free to contact Mesa Criminal Attorney, Garrett L. Smith at 480-540-6021 log on to, or contact an attorney in your area.