Aggravated DUI Laws in Arizona: A.R.S. 28-1383

An aggravated DUI is a felony in Arizona.

Aggravated DUI Laws in Arizona

While Arizona differentiates between different impairment levels of DUIs, receiving an aggravated DUI charge actually has nothing to do with the blood alcohol level of the driver. Rather, it has to do with the additional aggravating circumstances of the offense.

A regular DUI, as well as an extreme or super extreme DUI, are all misdemeanor offenses, an aggravated DUI is a felony offense with much harsher penalties. According to A.R.S. 28-1383, an individual can be charged with an aggravated DUI if they were driving with a BAC of at least .08 and:

  • The offense occurred while their driver’s license was still actively suspended, canceled, or revoked as a result of a previous DUI conviction of any classification.
  • They have received three or more DUI convictions within the past 84 months.
  • A child under the age of 15 years old was in the vehicle.
  • They were court-ordered to have equipped their vehicle with a certified ignition interlock device.
  • They were driving the wrong way on a highway.

An aggravated DUI charge that results from having a child in the vehicle is a class 6 felony. All other aggravated DUI charges are class 4 felonies. Penalties of an aggravated DUI can include:

  • At least 4 months in prison.
  • Completion of alcohol or drug treatment screenings or programs.
  • Driving privileges being revoked for at least one year.
  • Paying assessments totaling $3250.
  • A fine of at least $750.
  • Attend Traffic Survival School.


The Arizona Department of Transportation will also assess points against the driving record of anyone convicted of a DUI, which can ultimately lead to a revocation of driving privileges. To understand the ADOT points system, visit our article.

Arizona has an Implied Consent Law, meaning that anyone who is licensed to drive in the state automatically gives consent to have their blood alcohol concentration or drug content (BADC) tested if they are arrested for a suspected DUI, as explained by the Arizona Department of Transportation.

If you are being pulled over by law enforcement for a suspected DUI, follow Rideout Law Group’s tips to handle the situation in a manner that keeps you safe and protects your rights.

A DUI conviction can significantly hamper anyone’s life. If you have been charged with a DUI, contact Rideout Law Group immediately to build your best defense. Our attorneys are extremely experienced in favorably handling DUI cases and ADOT hearings across the state of Arizona.



With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.

Our goal is for the best outcome for your criminal case, which can include:

  • charges that are reduced or dropped.
  • top experts reviewing your case.
  • aggressive negotiations with the prosecution for plea bargains.
  • fines or probation in lieu of jail time.

At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.

Call us today for a free consultation at 480-584-3328.


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