Phoenix Aggravated DUI Lawyer

Felony DUI Defense Informed by Former Prosecutors

Arizona Revised Statutes § 28-1383 elevates certain DUI allegations to aggravated DUI, a felony-level offense. The State must prove the underlying driving under the influence of alcohol/drugs or actual physical control allegation, meaning the accused person allegedly had control of a vehicle even if it wasn’t moving, as well as the specific aggravating circumstance.

Aggravated DUI circumstances include driving with a suspended or revoked driver’s license, committing a third or subsequent DUI within an 84-month lookback period, or having a child younger than 15 years old in the vehicle. Charges may also involve driving while subject to an active ignition interlock device (IID) requirement or committing DUI while driving the wrong way on a highway.

The alleged aggravating factor can affect the charge, court proceedings, potential sentence, and available defense issues. We provide access to an aggravated DUI attorney in Phoenix whom defendants can contact for case-specific advice, including possible pre-charge intervention. You can also review why clients choose MayesTelles PLLC for criminal defense.

Have you been charged with an aggravated DUI in Arizona? Call MayesTelles PLLC (602) 428-7104 or contact us online to schedule a meeting with our Phoenix aggravated DUI attorney.

Aggravated DUI Defense in Phoenix & Maricopa County

Our attorneys include former prosecutors who understand how the State evaluates evidence, presents felony allegations, and responds to challenges from the defense. Our firm brings more than 200 years of combined experience and has handled more than 1,000 felony, misdemeanor, DUI, and other criminal cases.

That perspective matters in aggravated DUI cases because the defense must address both the underlying DUI allegation and the claimed aggravating factor. We also understand the court context for felony charges in Maricopa County, which differs from the process used for misdemeanor DUI matters in Phoenix Municipal Court.

In one Maricopa County Superior Court matter, our defense work concerning grand-jury presentation materials resulted in the dismissal of four aggravated DUI counts. A grand jury determines whether probable cause exists to issue a felony indictment. This prior result doesn’t predict what will happen in another case, but it demonstrates the importance of reviewing how charges were presented as well as the evidence underlying them.

Both of our founding partners are members of The National Trial Lawyers’ Top 100 Trial Lawyers. We remain available so clients can obtain guidance when an arrest, investigation, or pending court date requires prompt attention.

Penalties for Aggravated DUI in Arizona

Aggravated DUI penalties aren’t uniform. The applicable consequences depend on the subsection charged, the underlying DUI theory, prior qualifying offenses, license status, ignition-interlock requirements, and other alleged facts.

Potential statutory consequences include:

• License-related or prior-offense allegations: Certain convictions require at least four months in prison before eligibility for probation or other release provisions.
• Three or more qualifying prior violations: Certain repeat-prior cases within the 84-month lookback period require at least eight months in prison.
• Child-passenger or interlock allegations: These charges carry offense-specific incarceration provisions rather than one universal prison minimum.
• Driving privileges: A conviction is reported and triggers revocation. Arizona law prevents issuance of a new license for at least one year, although the precise consequences depend on the conviction and driving record.
• Ignition interlock requirements: When the violation involves intoxicating liquor, the court requires an ignition interlock device after driving privileges are restored.
• Screening and financial penalties: The statute requires alcohol or drug screening, education, or treatment, along with a minimum $750 fine and specified assessments.

The existing Driver’s license suspension process and any resulting revocation can also affect employment, commercial driving, insurance costs, and daily transportation. Because these consequences vary, a defense review should begin with the exact subsection listed in the complaint, indictment, or other court documents.

Questions About Aggravated DUI Charges

How Can Chemical Tests Affect My Aggravated DUI Case?

Breathalyzer tests can provide evidence of a driver’s BAC, but their reliability may depend on proper calibration, functioning equipment, and correct administration. Blood and other chemical-test evidence may also require review of the collection process, chain of custody, laboratory handling, and supporting records.

Can My Aggravated DUI Charge Be Reduced or Dismissed?

Although a particular result can’t be guaranteed, some aggravated DUI charges may be reduced or dismissed. Relevant factors can include constitutional violations, police-procedure errors, admissibility issues, weaknesses in the State’s evidence, or insufficient proof of the alleged aggravating circumstance. Any assessment requires review of the arrest, testing evidence, prior history, and court records.

Defense Issues in an Aggravated DUI Case

We can examine the entire case, from the reason for the traffic stop through the felony charging process. The analysis must also address whether the State can prove the particular license restriction, prior offense, child-passenger circumstance, ignition-interlock requirement, or wrong-way allegation used to support aggravated DUI.

Depending on your circumstances, defense issues may include:

• Questioning whether law enforcement violated your constitutional rights at any point during the initial traffic stop
• Examining police procedure before, during, and after the arrest to determine if mistakes were made
• Challenging the validity of the breath, blood, or other chemical tests used to determine your blood alcohol concentration (BAC)
• Determining whether field sobriety tests were used and, if so, whether they were administered correctly and according to accepted standards
• Identifying any unlawful or improper procedures involved in the arrest, such as an illegal sobriety checkpoint or detainment
• Disputing whether the State can prove driving or actual physical control
• Reviewing records and grand-jury materials supporting the alleged aggravating factor

Our attorneys can explain the charges, identify the evidence that needs to be preserved or examined, and prepare for negotiation, motion practice, or trial based on the case. We offer free consultations and flexible payment options so you can discuss the next step without assuming a particular outcome.

Speak with an Aggravated DUI Lawyer in Phoenix Residents Can Reach 24/7

An early case evaluation can clarify the statute charged, upcoming court requirements, and evidence that may affect your defense. We can assess the underlying DUI allegation and the aggravating circumstance while keeping you informed throughout the process.

Contact MayesTelles PLLC or call (602) 428-7104 today to schedule a FREE consultation with our Phoenix aggravated DUI lawyer.