Penalties for Aggravated DUIs
An aggravated DUI is charged when a driver has blood alcohol content (BAC) above the legal limit of 0.08% and an additional fact warrants a more severe charge.
Arizona law lists these types of aggravated DUI:
- DUI while a child under 15 years of age was in the car — Class 6 felony
- DUI when the driver had two or more prior DUIs within seven years — Class 4 felony
- DUI while the driver’s license was suspended or revoked — Class 4 felony
- DUI while the driver had an ignition interlock device — Class 4 felony
The penalties are as follows:
- Class 6 felony — The maximum is two years in prison and a fine of $150,000 plus an 83% surcharge. The mandatory minimum is six months in prison, fines, surcharges, 12 months of required counseling, 12 months of ignition interlock, and a license revocation with possible eligibility for a restricted license.
- Class 4 felony — The maximum is 3.75 years in prison and a fine of $150,000 plus an 83% surcharge. The mandatory minimum sentence is four months in jail, with fines and surcharges amounting to several thousand dollars, counseling, ignition interlock for 24 months, and a 3-year license revocation.
The penalties listed above are for drivers without prior felony convictions. Maximum incarceration times increase drastically if you have had one or more prior felony convictions.
Penalties for Extreme DUIs
If your blood alcohol registers at 0.15% or higher, you can face charges of extreme DUI. Penalties are as follows:
- First offense extreme DUI — The minimum is 30 days in jail and a fine of $2,500; completion of an alcohol and drug screening, treatment, and an education program; ignition interlock requirement for every vehicle you drive; and community service.
- Second and subsequent offense extreme DUI — The minimum is 120 days in jail and a fine of $3,250; driver license revocation of 12 months; completion of an alcohol and drug screening, treatment, and an education program; ignition interlock requirement for every vehicle you drive; and community service.
Arizona law also allows for super extreme DUI to be charged if your BAC was 0.20% or higher.
Let Us Protect Your Rights & Mitigate Penalties
No matter what level of DWI or DUI charge you face, the penalties can be severe, and the Law Office of Phil Hineman, P.C. is here to give you the highest possible likelihood of avoiding a conviction. Prosecutors often overcharge cases when they don’t have sufficient proof to make the charges stick, and faulty or unlawful police procedures can weaken a case as well. We can expose flaws in the prosecution and help you protect what’s most important: your freedom.