What You Need to Know
Driving under the influence (DUI) in Arizona is taken very seriously, and when certain aggravating factors are present, a DUI charge escalates to an Aggravated DUI—a felony offense with severe legal consequences. If you or a loved one is facing this charge in Scottsdale, understanding the law and acting fast can make a crucial difference in your future.
At Rideout Law Group, we specialize in defending individuals facing felony DUI charges across Scottsdale and Maricopa County, offering aggressive representation and real courtroom experience.
What Is an Aggravated DUI in Arizona?
Under Arizona Revised Statutes §28-1383, a DUI becomes “aggravated” when specific circumstances apply, including:
- Driving on a suspended, revoked, or canceled license
- Receiving a third DUI within 7 years
- Driving under the influence with a passenger under 15
- Refusing to install a court-ordered ignition interlock device
- Driving the wrong way on a highway while impaired
Each of these scenarios can result in felony charges—regardless of your actual BAC level at the time of arrest.
Felony Classifications and Penalties
Aggravated DUI charges typically fall under Class 4 or Class 6 felonies, depending on the facts of the case:
🔸 Class 4 Felony – Most Common
Applies to:
- DUI on a suspended license
- Third DUI within 7 years
- DUI with an interlock device violation
Penalties include:
- Minimum 4 months in prison
- Fines exceeding $4,000
- Mandatory substance abuse screening and treatment
- Driver’s license revocation for 1 year
- Mandatory installation of an ignition interlock device for up to 2 years
- Felony criminal record
🔸 Class 6 Felony – DUI with a Child Passenger
If you’re arrested for DUI with a child under 15 in the car, you’re facing a Class 6 felony, which may result in:
- Up to 2 years in prison
- Probation and counseling
- Lengthy license suspension
- Permanent felony record
Long-Term Consequences of a Felony DUI
Beyond the mandatory jail time and hefty fines, an aggravated DUI conviction can impact your life in major ways:
- Employment barriers: A felony record may disqualify you from many jobs.
- Housing restrictions: Some landlords reject applicants with felonies.
- Loss of civil rights: Including the right to vote or own firearms (though restoration is possible).
This makes it essential to fight the charges with a seasoned Scottsdale DUI defense attorney.
Can You Beat an Aggravated DUI in Arizona?
Yes. With an experienced legal team, you may be able to reduce or dismiss the charges depending on the circumstances. Common DUI defense strategies include:
- Challenging the traffic stop: If the officer lacked probable cause, the case may be thrown out.
- Breathalyzer accuracy: Machines must be properly maintained and calibrated.
- Questioning field sobriety tests: These tests can be inaccurate due to medical or environmental factors.
- Negotiating plea deals: In some cases, the charges can be downgraded to a misdemeanor DUI.
Every case is different. That’s why having a skilled attorney like Brad Rideout or Carolyn Keist-Gilbert in your corner can make a significant difference.
Why Choose Rideout Law Group in Scottsdale?
Located at 11111 N Scottsdale Rd, Suite 225, our Scottsdale office is staffed with attorneys who know the local courts, judges, and procedures inside and out. Here’s what sets us apart:
- ✅ Former Prosecutors on Your Side
- ✅ Hundreds of DUI Cases Handled
- ✅ Available for Same-Day Consultations
- ✅ Client-First, Judgment-Free Representation
We’ve helped clients across Scottsdale, Phoenix, Mesa, Chandler, and Tempe fight DUI charges and protect their freedom.
Get Legal Help Now—Before It’s Too Late
If you’re facing aggravated DUI charges in Scottsdale, you don’t have time to waste. Felony DUI penalties are harsh, but with the right legal strategy, you can protect your rights and fight for your future.
📞 Call (480) 584-3328 or visit our Scottsdale DUI defense page to schedule your free consultation.