What is a First Offense Felony Aggravated DUI?
A first offense Felony Aggravated DUI is a class 4 felony. There are four circumstances that warrant an Aggravated DUI. A DUI is considered “aggravated” if:
1) A person drives or is in actual physical control of a vehicle, “[w]hile under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree”; (ARS 28-1381) or
“[i]f the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle” (ARS 28-1382)
the person’s driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person’s driver license or privilege to drive as a result of committing a DUI.
2) Within a period of eighty-four months a person commits a third or subsequent violation of section 28-1381, section 28-1382 or this section; or
is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
3) While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Section 28-1381.
(b) Section 28-1382.
4) While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of section 28-1381, section 28-1382 or this section.
How much jail will I have to serve if I commit a First Offense Felony Aggravated DUI?
If this is your first aggravated DUI, how much jail time will depend on which of the four violations you committed.
If you are convicted of driving while with a suspended/revoked driver’s license or this current DUI is your third DUI within 84 months, you will face a minimum of 4 months in prison without the opportunity for work release.
If the current DUI is at least your fourth DUI within 84-months, you will face a minimum of 8 months in prison.
If you are convicted of driving while under the influence with a child under fifteen-years-old, the jail term follows the same statutory requirements as the misdemeanor offense mandates. For example, if you are convicted of driving under the influence of alcohol with a blood alcohol concentration between .08 – .15, which is a regular DUI, you will be sentenced to serve ten days in jail but nine of those days can be suspended.
What will happen to my license if I get convicted of a First Offense Felony Aggravated DUI?
If you are convicted of a First Offense Felony Aggravated DUI, your license will be revoked for one year. After the one year revocation, you must work with DMV to get your driver’s license reinstated. Once your license is reinstated, you will have to get an ignition interlock device installed on your vehicle for two years.
How much will I have to pay in fines and fees if I get convicted of a First Offense Felony Aggravated DUI?
The fines and fees are approximately as follows:
$250 fee + surcharge;
$750 fee + surcharge;
$1500 prison fund;
$1500 Public Safety and Equipment Fund;
$20 payment plan installation fee;
$20 probation fee and monthly probation fees;
Jail fees depending on days sentenced in jail;
Possible SR22 insurance for three years at $500 per year;
Substance Abuse Screening (approximately $100) and Alcohol Classes (approximately 36 hours = $585);
Ignition Interlock device for two years (approximately $2000)
Are there any other penalties for first offense Felony Aggravated DUI?
If you are convicted of a First Offense Felony Aggravated DUI, in addition to the penalties outlined above, you will also have to pay fees for your alcohol screening and classes; monthly fees for the ignition interlock device, plus installation and removal fees; possible SR22 insurance; possible probation, which carries monthly probation fees; DNA will be taken; possible MADD classes; possible community service; and, this felony will be forever allegeable.
If you or someone you know has been arrested and accused of an aggravated DUI, contact the Law Office of David Dow for a free phone consultation 602.550.2951. Remember we’re in this together, your team and ours.