ARS 28-1384 Aggravated Driving or Actual Physical Control While Under the Influence; Forfeiture of Vehicle

Under Arizona law, ARS 28-1384, if convicted under this law, the state can seize your vehicle. It’s important to understand that vehicle forfeiture isn’t a guaranteed outcome of every aggravated DUI case.


This page will discuss all that you need to know about being charged with ARS 28-1381 in Arizona, including a breakdown of the Penalties, Fees and DUI defenses to help get your charges reduced or even dismissed!


Continue reading below. If you have any questions, contact DUI attorney Arja Shah today.


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Arizona DUI Defense From The Shah Law Firm

Navigating the ins and outs of DUI laws in Arizona can be a complex journey.

With laws such as ARS 28-1384, the stakes are high, and the potential repercussions are severe. This statute pertains to aggravated driving or actual physical control while under the influence and includes elements that could lead to the forfeiture of your vehicle.

This article will cover various aspects of ARS 28-1384, including but not limited to:

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




What is the Definition of ARS 28-1384 in Arizona Law?

ARS 28-1384 takes the standard DUI law in Arizona and raises the stakes.

It lays out situations where regular DUI offenses aggravate, leading to more severe consequences.

The law applies when a person is driving under the influence and meets at least one of several conditions, such as driving with a suspended license, committing a third DUI violation within seven years, or committing a DUI while a person under 15 is in the vehicle.

What Constitutes Aggravated Driving or Actual Physical Control While Under the Influence in Arizona?

In the context of ARS 28-1384, ‘aggravated driving’ doesn’t refer to driving erratically or recklessly.

Instead, it refers to intoxicated driving under certain circumstances that ‘aggravate’ or worsen the offense.

Similarly, ‘actual physical control’ is a nuanced term.

According to Arizona law, one doesn’t necessarily have to be driving to be in actual physical control of a vehicle.

Even if you’re parked or idling, you could still face a DUI charge if you’re deemed to be in control of the car.

How Does ARS 28-1384 Relate to Vehicle Forfeiture in Arizona?

ARS 28-1384 covers penalties such as fines and imprisonment and includes vehicle forfeiture provisions.

If convicted under this law, the state can seize your vehicle.

It’s important to understand that vehicle forfeiture isn’t a guaranteed outcome of every aggravated DUI case, but it’s a possibility that one should be prepared for.


Hypothetical Scenario Example

Imagine you are a resident of Phoenix, Arizona. One evening after having drinks at a local bar, you decide to drive home, believing you’re still within your limit. However, on the way, you’re pulled over by law enforcement due to a minor traffic violation. Unfortunately, the police officer suspects you’ve been drinking and initiates a sobriety test, which you fail.

This isn’t your first DUI charge. You’ve had two prior DUI convictions within the past seven years. Given your prior record, you’re charged under ARS 28-1384, not just for a simple DUI but for an aggravated DUI. After a trial, you’re convicted under this statute.

ARS 28-1384’s reach goes beyond penalties like fines or imprisonment. It brings your vehicle into the equation as well.

Under this law, the state can seize your vehicle due to your conviction.

In your case, the court decides to exercise this right as a part of your punishment, and you lose your vehicle to forfeiture.

So, while vehicle forfeiture isn’t an automatic outcome of every aggravated DUI case, it’s a real possibility that looms over such proceedings.

Thus, understanding the stakes is essential to navigate the challenges of ARS 28-1384 effectively.

Although ARS 28-1384 paints a grim picture for those charged under it, there’s a silver lining – defenses exist.

Challenging the accuracy of the BAC tests, questioning the legality of the initial traffic stop, or asserting that you weren’t in actual physical control of the vehicle are among the strategies a skilled defense attorney may employ.

However, each case is unique and requires a tailored approach.

How Does a DUI Conviction Impact Your Driving Privileges in Arizona?

A DUI conviction, especially an aggravated one under ARS 28-1384, can significantly impact your driving privileges in Arizona.

You can expect a mandatory minimum 90-day license suspension with the first conviction.

Repeat offenses or aggravated circumstances can lead to license revocation, making it illegal to drive in the state for some time, often years.

Top 5 FAQs About ARS 28-1384

Below are the most common questions we are asked when a person has been arrested and charged with an aggravated DUI and is at risk of having their vehicle forfeited.

Can vehicle forfeiture occur with a first-time DUI offense under ARS 28-1384?

Typically, vehicle forfeiture is not a consequence of a first-time DUI offense. However, if the DUI falls under ARS 28-1384, such as driving under the influence with a suspended license, vehicle forfeiture can occur, though it is still dependent on the court’s decision.

Can ARS 28-1384 charges be reduced by pleading guilty to a lesser charge?

It depends on the specific circumstances of the case and the discretion of the prosecutor. A skilled defense attorney may negotiate a plea bargain to a lesser charge, but success is not guaranteed and each case is unique.

What is the role of BAC in ARS 28-1384 charges?

BAC, or Blood Alcohol Content, serves as the primary metric to determine the level of a driver’s intoxication. In Arizona, a BAC of 0.08% or higher can serve as grounds for a DUI charge, with an “extreme DUI” charge for BAC levels at 0.15% or higher.

If my vehicle is forfeited under ARS 28-1384, can I ever get it back?

Once a vehicle is forfeited under ARS 28-1384, it becomes the property of the state. The ability to regain possession of the vehicle is limited and typically unlikely, especially without legal intervention.

How does having a minor in the vehicle influence an ARS 28-1384 charge?

If you are found driving under the influence with a person under 15 years old in the vehicle, your DUI charge can be escalated to an aggravated DUI under ARS 28-1384, resulting in more severe penalties.

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