Charged with ARS 28-1383, Felony Aggravated DUI? Here’s What That Means!

Charged with ARS 28-1383,
Mar 19 2021
Ryan Garvey Attorneys

You’ve just been charged in Arizona with ARS 28-1383, felony aggravated DUI. What does this mean, and what kind of punishment are you looking at? It means you are being charged with a DUI (drugs or alcohol) that goes beyond the misdemeanor stage to a class 4 or class 6 felony because there are additional violations involved.

The additional violations include one or more of the following:

  1. Third DUI within the past seven years, or currently required to have an ignition interlock device
  2. Lack of a valid driver’s license or driving without a required ID
  3. A minor in the car under age 15 during the incident
  4. Driving the wrong way on the highway

You can be charged with multiple counts of aggravated DUI arising out of the same arrest. For example, if you committed a third DUI while driving on a suspended license, you will probably be charged with multiple counts of aggravated DUI.

Arizona Has Some of the Toughest Penalties in the Country for Aggravated DUIs

Arizona has very tough penalties for DUIs. A felony aggravated DUI conviction requires a minimum of four months in prison, and can result in a maximum of 3.75 years in prison. Probation may be tacked on for up to 10 years, which comes with monthly fees of usually $65. Additionally, you will lose your driver’s license for three years, with eight points added to your MVD record, or worst case scenario, it will be revoked.

You will be required to take substance abuse screening and 36 classes including random urinalysis samples for a total of $645. You will be required to have an ignition interlock device installed on your car, which costs anywhere from $1,000 annually to $2,400 for two years. Before you start your car, you will need to breathe into it. While driving, you will breathe into it once every 15 minutes. Every 90 days, you must bring the device to a facility to be checked out, which can cost $2,000 a year for probably two years.

An insurance provision, known as an SR-22, will increase your insurance by $500 each year, probably for three years. It requires that your insurance company notify the DMV if your insurance lapses. Your car insurance premium will increase by $3,000 per year, probably for three years. You may be required to perform community restitution. You are required to pay for the cost of your imprisonment, although depending on your financial circumstances it may be reduced or waived. And finally, you will lose your right to vote and own a firearm.

The fallout ramifications of this conviction are also severe. If you are a doctor, nurse, lawyer, pilot, real estate agency or stock trader, you will lose your professional license. Being in prison for four months will have adverse effects on your job and your family.

Here’s How We Can Help

Because of the severity of a felony aggravated DUI conviction, it is crucial that you consult with an experienced DUI attorney. It may be possible to get the charge reduced to a misdemeanor DUI, which means only one day in jail, or even completely dismissed. Many of the severe consequences will be eliminated or reduced with only a misdemeanor conviction.

We can look at your case, discover whether there are flaws and make sure your rights aren’t violated. Sometimes cases are dismissed because evidence wasn’t properly handled, witnesses are unavailable or the police didn’t respect constitutional rights. The field sobriety tests may be illegitimate, such as if you have a physical issue that makes it difficult for you to balance properly. There are many aspects to look at and we know where to find problems.

If you or someone you love is looking for experienced and compassionate legal help in this stressful area, please reach out to us. You need someone who knows the complex legal system to guide you through it. We can give you peace of mind knowing we are working to get you the best outcome. We can walk you through all angles of your case, come up with a strategy, and remind you and be there for you when you need it at court appearances. With the outbreak of COVID-19, we are always available 24/7 to meet with you by phone, by video, by email, or in person as needed, and we provide free consultations.

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