ARS 28-1383

Under Arizona law, ARS 28-1383 considers a person guilty of a felony DUI under certain circumstances, such as when a person commits a DUI while their license is suspended, revoked, or canceled or if a person commits a third DUI violation within 84 months. 

 

 

This page will break down the types of aggravating factors that can escalate a misdemeanor DUI to a felony DUI charge. Continue reading below. If you have any questions, contact DUI defense attorney Arja Shah today.

 

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Felony DUI Defense From The Shah Law Firm

Being charged with a felony DUI under ARS 28-1383 can be frightening.

In this article, we’ll cover the following topics:

It is essential to remember that being charged is not the same as being convicted. Solid legal representation can help protect your rights, challenge evidence, and navigate the complexities of the legal system.

The Shah Law Firm’s experienced DUI defense attorneys are here to help you.

 

In the grand scheme of legal complexities, DUI laws, specifically ARS 28-1383, which deals with Aggravated or Felony DUI, can be incredibly confusing and bring serious consequences. 

Driving under the influence is a serious risk, but if you face charges under ARS 28-1383, remember you’re not alone. The Shah Law Firm is available to help.

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Understanding ARS 28-1383: Definition of Aggravated DUI in Arizona

The law defines an Aggravated DUI under ARS 28-1383 in Arizona.

This is not just a typical intoxicated driving case.

An Aggravated DUI charge is elevated from a misdemeanor DUI to a felony DUI and is one of the most severe criminal offenses on the books.

But what exactly differentiates it from the usual DUI?

An Aggravated DUI is meted out under certain circumstances, such as when a person commits a DUI while their license is suspended, revoked, or canceled or if a person commits a third DUI violation within 84 months. An Aggravated DUI charge could also apply if a child under 15 is in the vehicle at the time of the violation.

The Types of Aggravated DUI Under ARS 28-1383

ARS 28-1383 categorizes Aggravated DUI into distinct types, each with its conditions and penalties.

Understanding these types can help shed light on the possible charges and potential legal repercussions.

An aggravating component is any element that amplifies the severity of a committed offense. In terms of driving under the influence, it refers to factors that escalate the misdemeanor to a more severe felony.

According to the Arizona Revised Statute 28-1383, the following situations classify as aggravating factors that constitute an aggravated DUI charge:

  • When an individual whose driving privileges have been previously revoked, suspended, denied, or restricted due to a prior DUI is caught driving under the influence or exhibiting actual physical control of a vehicle.
  • A situation where a person has already been found guilty of two or more DUI offenses within 84 months and is once again caught violating Arizona’s DUI laws.
  • An instance where a DUI offense is committed with a minor, specifically a child under 15 years of age, present in the vehicle.
  • A case where an individual who has been legally mandated to install an ignition interlock device in their vehicle by the court or the Department of Motor Vehicles, yet still decides to commit a DUI.
  • A circumstance where a person is found to be driving under the influence while operating their vehicle in the wrong direction on a highway.

The penalties for each class differ and can range from mandatory jail time to hefty fines and license revocation.

How Does Prior DUI Convictions Impact Aggravated DUI Charges?

Prior DUI convictions significantly affect how Aggravated DUI charges are applied.

Under ARS 28-1383, if you’ve been convicted of two previous DUIs within 84 months, a third DUI charge can be escalated to an Aggravated DUI charge, leading to more severe penalties.

This law is designed to deter repeat offenders by increasing the consequences with each subsequent DUI conviction.

The legal process that follows an Aggravated DUI arrest can be complex and intimidating.

It usually starts with the arrest and booking process, followed by an arraignment where charges are formally read.

Next is the pre-trial process, where discovery and negotiations can occur, potentially leading to a plea deal.

If no agreement is reached, the case moves to trial, where a verdict will be determined.

Throughout this process, a DUI defense lawyer from The Shah Law Firm can provide guidance, build a strong defense, and advocate for your rights.

Consequences of an Aggravated DUI Conviction in Arizona

While many may consider drunk driving a mistake, Arizona law views it as a serious crime, especially when it escalates to a felony DUI charge.

The consequences of an Aggravated DUI conviction can be severe, serving as a sobering reminder of the law’s stance on drinking while driving.

E

DUI with a Suspended or Revoked License

 In Arizona, operating a vehicle under the influence with a suspended or revoked license elevates the offense to a Class 4 felony.

The legal repercussions encompass the following:

  • A mandatory minimum of 4 months in the Arizona State Prison;
  • Fines that start from $4,000;
  • A suspension of driving privileges for at least 1 year;
  • Mandatory participation in substance abuse screenings, education, or treatment programs;
  • A minimum requirement of 24 months for installing an Ignition Interlock Device (IID); if the DUI involved drugs only, the court could limit this to 12 months;
  • Completion of a traffic survival school course; and
  • Confiscation of the involved vehicle.

 

E

Multiple DUIs within the past Seven Years

Committing a DUI with two or more previous DUI convictions within the last seven years escalates the offense to a Class 4 felony in Arizona.

The punitive measures for this level of offense include:

  • At least 4 months in prison (if there are three or more DUIs within the last seven years, the minimum prison term is increased to 8 months);
  • Starting fines of $4,000;
  • Suspension of driving privileges for at least 1 year;
  • Mandatory involvement in alcohol or drug screening, education, or treatment;
  • At least 24 months of IID installation; this could be reduced to 12 months if the DUI was drug-related;
  • Required completion of a traffic survival school course; and
  • Confiscation of the vehicle used in the commission of the DUI.

 

E

DUI with a Passenger below 15 years

Operating a vehicle under the influence with a minor under 15 years old in the car is classified as a Class 6 felony in Arizona.

The severity of the prison sentence is contingent on the offender’s Blood Alcohol Content (BAC):

  • BAC of .08% to .149% – First offense: 10 days in jail; Second offense: 90 days.
  • BAC of .15% to .199% – First offense: 30 days; Second offense: 120 days.
  • BAC of .20% or more – First offense: 45 days; Second offense: 180 days.

Additionally, the accused faces the following:

  • Minimum fines of $4,000;
  • At least a 1 year-long suspension of driving privileges;
  • Obligatory enrollment in alcohol or drug screening, education, or treatment;
  • A requirement to install an IID for at least 24 months; this may be shortened to 12 months if the DUI was drug-related;
  • Required attendance at a traffic survival school course; and
  • Seizure of the vehicle involved in the DUI.

E

DUI with an Ignition Interlock Device Requirement

Committing a DUI while mandated to use an IID is considered a Class 4 felony in Arizona.

The legal penalties include the following:

  • Fines begin from $4,000;
  • Suspension of the driver’s license for a minimum of 1 year;
  • Compulsory participation in alcohol or drug screening, education, or treatment;
  • Minimum requirement of 24 months for an IID; this can be reduced to 12 months if the DUI was drug-related;
  • Mandatory completion of a traffic survival school course; and
  • Confiscation of the vehicle involved in the DUI.
E

DUI While Driving the Wrong Way In Arizona

Driving under the influence while heading in the wrong direction on a highway qualifies as a Class 4 felony.

The punishment comprises:

  • At least 4 months in prison;
  • Fines start from $4,000;
  • A minimum of a 1 year-long driver’s license suspension;
  • Required attendance in alcohol or drug screening, education

Top 5 FAQs About ARS 28-1383

Below are the most common questions when a person has been arrested and charged with a felony DUI.

How does an aggravated DUI charge impact your driver’s license?

In the wake of an Aggravated DUI conviction, one of the most immediate consequences is license suspension. The suspension period can vary, but it’s usually at least one year for a first-time Aggravated DUI. This period can be longer if there are any aggravating factors involved. Losing the privilege to drive can dramatically affect one’s lifestyle and livelihood, further emphasizing the severe repercussions of an Aggravated DUI conviction.

What should I know about field sobriety tests?

Officers use field Sobriety Tests (FSTs) to determine if a driver is impaired. They usually include a series of physical and cognitive tests. However, these tests are not infallible and can be influenced by various factors such as medical conditions, nervousness, or weather. An experienced DUI defense lawyer can challenge the validity of FSTs, potentially weakening the prosecution’s case against you.

Can aggravated DUI charges be reduced in Arizona?

In some cases, Aggravated DUI charges can be reduced in Arizona. This generally requires the skillful negotiation of a DUI defense lawyer who can identify weaknesses in the prosecution’s case or argue mitigating factors. Reducing charges can lead to lesser penalties and reduce the long-term impact of a conviction.

What does life look like after an aggravated DUI charge?

Coming to terms with an Aggravated DUI conviction can be challenging. This period may be fraught with legal obligations, personal growth, and emotional upheaval. In addition to the legal penalties, you may have to contend with changes to your lifestyle, work, and social standing. Navigating this tricky terrain often requires support, understanding, and a concerted effort toward rehabilitation.

Can you set aside an aggravated DUI charge?

Expungement, or setting aside a conviction, is another aspect to consider when discussing Aggravated DUI charges. While it’s a complex process, it may be possible to have your record cleared under certain circumstances. However, the criteria for expungement in Arizona are strict, and this process typically requires the expertise of a seasoned DUI defense attorney.

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