Aggravated DUI in Arizona (ARS 28-1383)

TL;DR

Aggravated DUI in Arizona is a felony under A.R.S. 28-1383 triggered by five specific factors, including a third DUI within 84 months, driving on a suspended license, or driving impaired with a child under 15 in the vehicle. Every aggravated DUI carries mandatory prison time and lifetime ignition interlock requirements. See our guide on Arizona’s standard DUI statute (ARS 28-1381) for the full breakdown.

Aggravated DUI is a felony in Arizona carrying mandatory prison time. Learn the 5 triggers under ARS 28-1383, penalties, and defense options. Free consult.

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Aggravated DUI in Arizona: A.R.S. 28-1383 Felony Charges, Penalties, and Defense Strategies

An aggravated DUI charge in Arizona changes everything. Unlike a standard DUI or even an extreme DUI, an aggravated DUI under A.R.S. § 28-1383 is a felony. That means Arizona Department of Corrections prison, not county jail. It means a permanent felony record, loss of civil rights (including firearm possession), and consequences that follow you for decades.

If you are reading this after an arrest in Scottsdale, Phoenix, Lake Havasu City, or anywhere else in Maricopa County, Mohave County, or across Arizona, this guide covers what the charge actually means, the specific circumstances that trigger a felony classification, what the mandatory penalties look like, and what a defense attorney can do to fight the case or reduce the damage.

What Makes a DUI “Aggravated” Under A.R.S. 28-1383?

Arizona law defines five distinct circumstances that elevate a DUI or extreme DUI from a misdemeanor to an aggravated (felony) offense. The charge does not depend on a specific blood alcohol concentration. Instead, it depends on the presence of one or more aggravating circumstances at the time of the offense.

Each trigger is codified in A.R.S. § 28-1383(A), paragraphs 1 through 5.

Trigger 1: Driving on a Suspended, Revoked, Canceled, or Restricted License (Paragraph 1)

If you commit any DUI violation (under A.R.S. § 28-1381, A.R.S. § 28-1382, or § 28-1383 itself) while your license or privilege to drive is suspended, canceled, revoked, or restricted as a result of a prior DUI conviction or an admin per se suspension under A.R.S. § 28-1385, the new DUI is automatically aggravated. See our guide on DUI license suspension consequences for the full breakdown.

This is one of the most commonly charged triggers. Many people do not realize their license is still suspended from a previous DUI because they never completed all reinstatement requirements with the Arizona Motor Vehicle Division (MVD). The state does not need to prove you knew your license was suspended. The suspension itself is sufficient.

Felony classification: Class 4 felony.

Mandatory minimum incarceration: 4 months in prison (DOC, not county jail).

Trigger 2: Third or Subsequent DUI Within 84 Months (Paragraph 2)

Arizona uses an 84-month (seven-year) lookback window. If you accumulate a third or subsequent DUI conviction within that window, the latest offense is charged as aggravated DUI. Prior convictions under § 28-1381 (regular DUI), § 28-1382 (extreme/super extreme DUI), or § 28-1383 (aggravated DUI) all count. Convictions from other states also count if the underlying conduct would have been a DUI violation in Arizona.

The lookback is measured by the dates the offenses were committed, not the dates of conviction. Time spent incarcerated or on absconder status from probation does not count toward the 84-month window.

Felony classification: Class 4 felony.

Mandatory minimum incarceration:

Third offense within 84 months: 4 months in prison.

Fourth or subsequent offense within 84 months: 8 months in prison.

Trigger 3: DUI with a Child Under 15 in the Vehicle (Paragraph 3)

Committing a DUI with a passenger under the age of 15 in the vehicle triggers aggravated DUI. This applies to both regular DUI violations under § 28-1381 and extreme/super extreme DUI violations under § 28-1382.

This is the only aggravated DUI trigger classified as a Class 6 felony rather than a Class 4 felony. However, the mandatory incarceration requirement aligns with the underlying DUI offense:

If the underlying offense is a regular DUI (§ 28-1381), the minimum incarceration is the same as required for a standard DUI conviction under that statute.

If the underlying offense is an extreme or super extreme DUI (§ 28-1382), the minimum incarceration follows the more severe requirements of that statute.

Felony classification: Class 6 felony.

Mandatory minimum incarceration: Varies based on underlying offense (see penalty breakdown below).

Trigger 4: DUI While Subject to an Ignition Interlock Device Requirement (Paragraph 4)

If you are ordered by a court, or required by MVD under A.R.S. § 28-3319, to equip your vehicle with a certified ignition interlock device (IID) and you commit a DUI while that order is active, the DUI becomes aggravated. This applies regardless of whether you actually had the IID installed. The obligation to have one is what matters.

Felony classification: Class 4 felony.

Mandatory minimum incarceration: 4 months in prison.

Trigger 5: Wrong-Way DUI on a Highway (Paragraph 5)

Driving under the influence while traveling the wrong way on a highway elevates the DUI to aggravated status. The statute defines “wrong way” as vehicular movement opposing the legal flow of traffic. Median crossings and collisions where a vehicle comes to rest facing the wrong direction do not qualify.

This provision was added to the statute after a series of high-profile wrong-way fatalities on Arizona freeways. It reflects the legislature’s recognition that wrong-way impaired driving represents an extreme public safety threat.

Felony classification: Class 4 felony.

Mandatory minimum incarceration: 4 months in prison.

Class 4 Felony vs. Class 6 Felony: What the Classification Means

Understanding the felony classification is critical because it determines the potential sentencing range beyond the mandatory minimum.

Class 4 Felony (Paragraphs 1, 2, 4, and 5)

Under A.R.S. § 13-702, a Class 4 felony for a first-time felony offender carries the following prison sentencing range:

Mitigated

Minimum

Presumptive

Maximum

Aggravated

1 year

1.5 years

2.5 years

3 years

3.75 years

For defendants with prior felony convictions, these ranges increase substantially. A Class 4 felony with one historical prior felony conviction carries a presumptive sentence of 4.5 years. Two or more historical priors push the range even higher.

Class 6 Felony (Paragraph 3: Child in the Vehicle)

A Class 6 felony for a first-time felony offender carries:

Mitigated

Minimum

Presumptive

Maximum

Aggravated

4 months

6 months

1 year

1.5 years

2 years

Arizona Class 6 felonies carry a unique feature: the court has discretion to designate the offense as a Class 1 misdemeanor at sentencing under certain circumstances. However, this is not guaranteed and depends heavily on the facts of the case and the judge assigned.

Mandatory Prison Time: DOC, Not County Jail

This is the single most important distinction between aggravated DUI and every other DUI charge in Arizona. A conviction under A.R.S. § 28-1383 carries mandatory time in Arizona Department of Corrections (DOC) prison. Standard and extreme DUI convictions are served in county jail. Aggravated DUI is different.

Under subsection D of the statute, a person convicted under paragraphs 1, 2 (third offense), or 5 is “not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis” until they have served at least four months in prison.

For paragraph 2 defendants with three or more prior DUI convictions within 84 months, that minimum doubles to eight months.

There is one limited exception. Under subsection N, counties with populations under 500,000 may establish an aggravated DUI jail program allowing the mandatory prison term to be served in county jail instead. This requires an agreement between the county board of supervisors and the Arizona Department of Corrections. If your case is in Mohave County (which includes Lake Havasu City) or another qualifying county, this program may be available. Maricopa County, with its population well above 500,000, does not qualify.

Full Penalty Breakdown for Aggravated DUI Convictions

Every aggravated DUI conviction in Arizona carries the following mandatory penalties under A.R.S. § 28-1383(J) and (K):

Criminal Penalties (All Triggers)

Prison: Minimum 4 months (DOC) for paragraphs 1, 2 (third offense), and 5. Minimum 8 months for paragraph 2 (fourth or subsequent offense). Paragraph 3 follows the underlying DUI statute minimums.

Fine: Minimum $750.

Assessment (DUI Abatement Fund): $250, deposited into the Driving Under the Influence Abatement Fund under A.R.S. § 28-1304.

Assessment (Prison Construction and Operations Fund): $1,500, not subject to surcharge.

Assessment (Public Safety Equipment Fund): $1,500, not subject to surcharge.

Alcohol/Drug Treatment: Mandatory screening, education, or treatment from an approved facility.

Traffic Survival School: Mandatory attendance and successful completion.

Total Financial Obligations

The statutory minimum financial penalties total at least $4,000 ($750 fine + $250 + $1,500 + $1,500). In practice, court-imposed surcharges, fees, probation costs, treatment program costs, and IID installation/maintenance fees can push the total well beyond $10,000.

License Consequences

Revocation: MVD revokes the person’s driving privilege upon receiving the conviction report.

No new license for at least one year from the date of conviction.

Ignition Interlock Device (IID): Mandatory if the offense involved alcohol. The court may also order IID for drug-related offenses. The IID requirement extends for at least 24 months from the date you complete required treatment programs and become eligible to reinstate your license.

Probation Violation Consequences

If you are placed on probation and fail to complete mandatory alcohol or drug treatment, the court may order additional incarceration as a condition of probation: up to 4 months per individual period (and up to 1 year total) for paragraph 1, 2 (third offense), and 5 convictions, or up to 8 months per individual period (and up to 2 years total) for paragraph 2 (fourth or subsequent) convictions.

If probation is revoked entirely, any time spent in custody for probation violations does not count toward the prison sentence imposed after revocation.

Aggravated DUI vs. Extreme DUI and Super Extreme DUI

These are different charges that people frequently confuse. The distinction matters because the consequences are dramatically different.

A.R.S. § 28-1381

0.08%+ (or impaired)

Class 1 misdemeanor

County jail

Extreme DUI

A.R.S. § 28-1382

0.15% to 0.199%

Class 1 misdemeanor

County jail

Super Extreme DUI

A.R.S. § 28-1382

0.20%+

Class 1 misdemeanor

County jail

Aggravated DUI

A.R.S. § 28-1383

Any (based on circumstances)

Class 4 or 6 felony

DOC prison

Extreme and super extreme DUI charges are based on BAC levels. They remain misdemeanors. Aggravated DUI is based on the circumstances surrounding the offense, not the BAC number, and it is always a felony. You can be charged with aggravated DUI at a BAC of 0.08% if one of the five triggering circumstances applies. Conversely, a BAC of 0.25% does not make a DUI aggravated unless one of those circumstances is present.

It is also possible to face both charges simultaneously. A person driving on a suspended license with a BAC of 0.20% could be charged with super extreme DUI under § 28-1382 and aggravated DUI under § 28-1383 arising from the same arrest.

Wrong-Way DUI: Arizona’s Newest Aggravated DUI Trigger

Wrong-way driving under the influence on Arizona highways was added to the aggravated DUI statute as paragraph 5. The provision was enacted in response to a pattern of catastrophic wrong-way collisions on Phoenix-area freeways, many involving impaired drivers entering highway on-ramps from the exit side.

The statute carefully defines “wrong way” as vehicular movement in a direction opposing the legal flow of traffic. Two situations are specifically excluded from the definition:

Median crossings, where a vehicle crosses from one side of the highway to the other.
Post-collision positioning, where a vehicle comes to a stop facing the wrong direction after a crash.

A wrong-way DUI conviction under this paragraph carries a mandatory minimum of 4 months in DOC prison and is classified as a Class 4 felony.

Collateral Consequences: Life Beyond the Courtroom

The criminal penalties for aggravated DUI are severe, but the collateral consequences (the effects that ripple outward from a felony conviction) can be equally devastating. Arizona courts are not required to advise you about most of these consequences before a plea or trial.

Firearm Rights

A felony conviction in Arizona results in the automatic loss of your right to possess firearms under both state and federal law. Federal law (18 U.S.C. § 922(g)(1)) prohibits any person convicted of a crime punishable by imprisonment for more than one year from possessing a firearm. Because Class 4 and Class 6 felonies both carry potential prison terms exceeding one year, this prohibition applies to all aggravated DUI convictions. Arizona does allow restoration of civil rights (including firearm rights) after completion of your sentence, but the process requires a separate court petition and is not automatic.

Employment and Professional Licenses

A felony conviction creates barriers to employment across numerous industries. Positions requiring security clearances, commercial driver’s licenses (CDLs), or professional licenses in fields like healthcare, law, real estate, education, and finance may be permanently affected. Arizona professional licensing boards (including the Arizona State Bar, Arizona Board of Nursing, and Arizona Department of Real Estate) conduct background checks and may impose discipline, deny renewal, or revoke a license based on a felony DUI conviction.

Immigration Consequences

For non-U.S. citizens, a felony DUI conviction can trigger removal (deportation) proceedings, denial of naturalization applications, or bars to future visa issuance. Immigration law treats certain felony convictions as “crimes involving moral turpitude” or aggravated felonies (a term with a specific immigration law definition distinct from Arizona’s use of “aggravated”). If you hold a visa, green card, or DACA status, consult both a criminal defense attorney and an immigration attorney before entering any plea.

Voting Rights

Felony convictions in Arizona result in the suspension of voting rights during incarceration and while on probation or parole. For a first felony offense, voting rights are automatically restored upon completion of the sentence (including probation). For two or more felony convictions, restoration requires a court petition.

Housing

Many landlords and property management companies conduct criminal background checks. A felony conviction can disqualify you from rental housing, public housing, and housing assistance programs.

Administrative Consequences: MVD, Points, and Insurance

In addition to criminal court penalties, the Arizona Motor Vehicle Division (MVD), operating under the Arizona Department of Transportation (ADOT), imposes its own administrative consequences.

License Revocation: Automatic upon conviction. The revocation period is a minimum of one year.

Reinstatement Requirements: After the revocation period, reinstatement requires completing all court-ordered treatment, paying reinstatement fees, providing proof of financial responsibility (SR-22 insurance), and installing an IID.

Points: Arizona’s traffic violation point system assigns 8 points for a DUI conviction. Accumulating 8 or more points within a 12-month period results in MVD action against your license, though the felony revocation itself typically supersedes the point-based consequences.

Insurance: A felony DUI conviction results in dramatically higher auto insurance premiums. You will be required to carry SR-22 high-risk insurance for at least three years. Some insurers will cancel your policy entirely.

Admin Per Se Suspension (Separate from Criminal Case)

Arizona’s implied consent law also triggers an administrative license suspension at the time of arrest, independent of the criminal case. If you refused a blood or breath test, or if your BAC exceeded 0.08%, MVD may suspend your license within 15 days of the arrest through the admin per se process. This suspension runs separately from the criminal revocation and may overlap or stack with it.

Defense Strategies for Aggravated DUI Charges

An aggravated DUI charge is serious, but a charge is not a conviction. Experienced DUI defense attorneys evaluate every element of the case for weaknesses in the prosecution’s evidence. Common defense strategies include:

Challenging the Traffic Stop

Law enforcement must have reasonable suspicion to initiate a traffic stop. If the stop was conducted without a legally sufficient basis (for example, based solely on an anonymous tip without corroboration, or a traffic violation that did not actually occur), a motion to suppress all evidence obtained from the stop may succeed. Without the evidence from the stop, the prosecution cannot prove the DUI.

Challenging Blood or Breath Test Results

Blood draw procedures must comply with Arizona law. An officer generally needs a warrant or valid consent to draw blood. If the blood draw was conducted without proper legal authorization, or if the sample was mishandled, improperly stored, or analyzed outside accepted protocols, the BAC results may be excludable. Breath testing equipment must be properly calibrated and maintained, and the operator must be certified. Failures in any of these areas create grounds for suppression.

Disputing the Aggravating Circumstance

Because aggravated DUI depends on the presence of a specific triggering circumstance, eliminating the aggravating factor can reduce the charge to a misdemeanor DUI. For example:

License suspension trigger: If the suspension was improperly imposed, or if notice of the suspension was deficient under A.R.S. § 28-3318, the aggravating circumstance may not hold.

Prior convictions trigger: If one of the prior convictions used to reach the “third offense” threshold is invalid, was not properly alleged, or falls outside the 84-month window, the felony enhancement may fail.

Child passenger trigger: The prosecution must prove the passenger was under 15 at the time of the offense.

IID requirement trigger: If the IID order had been terminated or the requirement satisfied before the new offense, the aggravating circumstance does not apply.

Wrong-way trigger: The prosecution must prove vehicular movement opposing the legal flow of traffic. If the driving pattern falls within the statute’s exclusions (median crossing, post-collision positioning), the wrong-way enhancement does not apply.

Constitutional Violations

Fourth Amendment protections against unreasonable search and seizure apply at every stage: the initial stop, field sobriety testing, vehicle search, and chemical testing. Fifth Amendment protections against self-incrimination may be relevant if statements were obtained in violation of Miranda requirements. Sixth Amendment right-to-counsel issues can arise if a defendant was denied access to an attorney during critical stages.

Independent Testing and Expert Witnesses

Defendants have the right to independent testing of blood samples. Forensic toxicology experts can challenge the state’s BAC results by examining chain of custody, blood sample degradation, fermentation, or contamination. Accident reconstruction experts may be relevant in wrong-way DUI cases.

The 84-Month Lookback Window: How Prior Convictions Are Counted

Arizona’s 84-month (seven-year) lookback rule under A.R.S. § 28-1383(A)(2) determines whether a current DUI qualifies as a “third or subsequent” offense. Several details of this rule are frequently misunderstood:

Commission dates control. The 84-month period is measured from the date each offense was committed, not the date of conviction. If you committed a DUI on January 1, 2019 and another on June 1, 2020, those dates (not the conviction dates) are what matter.

All DUI types count. Prior convictions under § 28-1381 (regular DUI), § 28-1382 (extreme/super extreme), and § 28-1383 (aggravated) all count toward the total.

Out-of-state convictions count. If the underlying conduct would have violated Arizona’s DUI laws, an out-of-state conviction counts in the lookback.

Same-incident exclusion. Multiple charges arising from the same series of acts count as one offense for lookback purposes.

Tolling provisions. Time spent incarcerated or on absconder status from probation is excluded from the 84-month calculation, effectively extending the lookback window.

Plea Negotiation Possibilities

Unlike some states where aggravated DUI carries absolute mandatory minimums with no prosecutorial discretion, Arizona’s system allows some room for negotiation in certain cases. Plea bargaining possibilities may include:

Reduction to misdemeanor DUI: If the aggravating circumstance is legally weak (for example, a license suspension that may not have been properly served), prosecutors may agree to amend the charge to a misdemeanor DUI under § 28-1381 or § 28-1382. This eliminates the felony record and the mandatory prison requirement.

Stipulated sentencing: Even when a felony plea is entered, the defense and prosecution may agree on specific sentencing terms, including the length of prison time within the statutory range, probation conditions, and treatment requirements.

County jail program: For cases in eligible counties (population under 500,000), a plea agreement may include serving the mandatory term in county jail rather than DOC prison under the provisions of § 28-1383(N).

Class 6 felony designation: For paragraph 3 (child passenger) convictions, the court may have discretion to designate the Class 6 felony as a Class 1 misdemeanor at sentencing, which significantly reduces the long-term consequences.

Plea negotiations in aggravated DUI cases are highly fact-specific. The strength of the state’s evidence, the defendant’s criminal history, the specific triggering circumstance, and the jurisdiction all influence what outcomes are realistically achievable. An experienced criminal defense attorney who handles aggravated DUI cases regularly in Maricopa County Superior Court, Mohave County Superior Court, or the relevant jurisdiction will understand local practices and prosecutorial tendencies.

Frequently Asked Questions About Aggravated DUI in Arizona

Is aggravated DUI always a felony in Arizona?

Yes. Every aggravated DUI charge under A.R.S. § 28-1383 is a felony. Four of the five triggers result in a Class 4 felony. The child-passenger trigger (paragraph 3) is a Class 6 felony. There is no misdemeanor version of aggravated DUI.

Can I avoid prison on an aggravated DUI conviction?

For Class 4 felony aggravated DUI convictions under paragraphs 1, 2, and 5, the statute imposes a mandatory minimum prison sentence (4 or 8 months depending on the trigger). The judge cannot waive this requirement. In counties with populations under 500,000 that have established an aggravated DUI jail program, the prison term may be served in county jail. For Class 6 felony convictions under paragraph 3, the mandatory incarceration follows the underlying DUI statute, which may involve county jail rather than DOC prison.

What happens to my driver’s license after an aggravated DUI conviction?

Your license is revoked for a minimum of one year from the date of conviction. After the revocation period, reinstatement requires completing all treatment requirements, providing SR-22 proof of insurance, paying reinstatement fees, and installing an ignition interlock device. You will not receive a new license during the revocation period.

Does an aggravated DUI conviction mean I lose my gun rights?

Yes. Any felony conviction in Arizona results in the loss of your right to possess firearms under both state and federal law. Restoration of firearm rights is possible after completing your entire sentence (including probation), but it requires a separate legal process and is not automatic.

Can an aggravated DUI charge be reduced to a misdemeanor?

In some cases, yes. If the aggravating circumstance can be successfully challenged, or if the prosecution agrees to amend the charge through plea negotiations, the case may be resolved as a misdemeanor DUI. This is one of the primary reasons to retain an experienced defense attorney early in the process.

How does the 84-month lookback work if my prior DUI was in another state?

Out-of-state DUI convictions count toward Arizona’s 84-month lookback if the underlying conduct would have violated Arizona’s DUI statutes. The prosecution must prove the prior conviction and establish that it qualifies under Arizona law. Defense attorneys can challenge whether the out-of-state conviction meets Arizona’s legal requirements.

Will an aggravated DUI affect my immigration status?

A felony DUI conviction can have serious immigration consequences, including removal (deportation) proceedings, denial of naturalization, or visa revocation. The specific impact depends on your immigration status and the facts of the case. If you are a non-U.S. citizen facing aggravated DUI charges, consult with both a criminal defense attorney and an immigration attorney before making any decisions about your case.

What is the difference between aggravated DUI and a “regular” third DUI?

A third DUI within 84 months is automatically charged as aggravated DUI under paragraph 2. There is no such thing as a “regular” third DUI within that window. If your third DUI falls outside the 84-month lookback period (more than seven years after the first offense was committed), it would be charged as a first-offense DUI for felony enhancement purposes, though it may still be treated as a subsequent offense for misdemeanor sentencing purposes under § 28-1381.

Facing Aggravated DUI Charges in Arizona?

An aggravated DUI conviction carries mandatory prison time, a permanent felony record, and consequences that affect every area of your life. If you or someone you know has been charged with aggravated DUI anywhere in Arizona, speak with an experienced DUI defense attorney who can evaluate your case, identify weaknesses in the prosecution’s evidence, and fight for the best possible outcome.

Rideout Law Group provides aggressive felony DUI defense across Arizona, with offices in Scottsdale and Lake Havasu City.

Related Resources From Rideout Law

Key Takeaways

Aggravated DUI under A.R.S. 28-1383 is always a felony in Arizona.
Five triggers elevate a standard DUI to aggravated: suspended license, third DUI in 84 months, child under 15 in vehicle, wrong-way driving, or any DUI while ignition interlock is required.
Class 4 aggravated DUI carries a presumptive 2.5 years in prison. Class 6 felonies carry a presumptive 1 year.
Aggravated DUI cannot be reduced to a misdemeanor like a first DUI can. Probation eligibility is limited.
Convictions trigger lifetime sex offender style supervision in some scenarios and a 3-year license revocation.

Arizona Statute References

Statute citations in this article reference the Arizona Revised Statutes (A.R.S.). Read the full text on the Arizona Legislature website:

A.R.S. 28-1383: Arizona Revised Statutes
A.R.S. 28-1381: Arizona Revised Statutes
A.R.S. 13-707: Arizona Revised Statutes
A.R.S. 13-702: Arizona Revised Statutes

Talk to a Rideout Law Group Attorney

If you are facing criminal charges in Arizona, the decisions you make in the first few days can shape the rest of your case. Rideout Law Group represents clients across Maricopa and Mohave County from offices in Scottsdale and Lake Havasu City.

Call (480) 584-3328 for a free consultation, or contact us online to schedule a confidential review of your case.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Rideout Law Group. Every criminal case turns on specific facts, court of jurisdiction, and procedural posture. If you are facing charges in Arizona, consult a licensed Arizona criminal defense attorney about your individual situation. Past results do not guarantee future outcomes.