Any person found guilty of aggravated DUI under ARS 28-1383 will face compulsory prison time alongside financial consequences that could exceed one hundred and fifty thousand dollars depending on the case circumstances. A conviction could also result in loss of the entitlement to vote, gun rights and lose the capability to hold professional and social positions and serve in the military and government. Therefore, if charged with an aggravated DUI offense, you should consult with a seasoned attorney.

Four situations can result in aggravated DUI charges, including:

  • Being detained for a third drunk driving offense within seven years
  • Being arrested for drunk driving with a minor passenger below fifteen years
  • Being accused of drunk driving while driving a car without an IID or driving your car with a tampered with or disabled IID
  • Being accused of drunk driving while you're operating your car on a revoked, canceled, or suspended driver's license

Penalties Attracted by a Standard Aggravated DUI Conviction

A standard aggravated DUI comprises all the above scenarios other than felony child endangerment.

If this is your first aggravated DUI conviction, you will be charged with a Class 4 felony which carries the following penalties:

  • A mandatory sentence that ranges between four months and 3.75 years in prison
  • Financial consequences that include drug tests charges, reimbursement for incarceration, fines, and court costs
  • Revocation of the driver's license for three years following your prison release
  • Supervised probation

A second aggravated DUI offense is punishable by:

  • Supervised probation
  • A mandatory sentence that ranges between 2.25 years and 7.5 years in prison
  • Financial consequences, including drug tests charges, reimbursement for incarceration, fines, and court costs
  • Revocation of the driver's license for three years following your prison release

A third aggravated DUI offense is punishable by:

  • Supervised probation
  • A mandatory sentence that ranges between six years and fifteen years in prison
  • Financial consequences, including drug tests charges, reimbursement for incarceration, fines, and court costs
  • Revocation of the driver's license for three years following your prison release

You'll be required to cater for the maintenance and installation of IID on the car for a year.

Aggravated DUI Child Endangerment Penalties

If you're a first-time defendant found guilty of Arizona felony aggravated DUI child endangerment, you will be charged with a Class 6 felony. It is punishable by:

  • A maximum of five years in prison
  • Supervision probation
  • Financial consequences, including drug tests charges, reimbursement for incarceration, fines, and court costs
  • Revocation of the driver's license for three years following your prison release

If you have a previous felony conviction, you will face a maximum incarceration term of 2.75 years alongside other penalties a first-time defendant faces. On the other hand, if you have 2 (two) previous convictions, you will face up to a 5.75-year prison sentence on top of other punishments faced by first-time defendants.

Setting Aside Your DUI

In Arizona, DUI expungement is known as a motion to set aside. A person with a drunk driving conviction pursues to have the conviction removed from their criminal record. Since a conviction could hinder securing educational and employment opportunities, most people want the information removed from the criminal record. Most importantly, you may claim that you've never been found guilty on loan applications, job applications, and other professional licenses.

Before setting aside the conviction, you must establish to the court that you've been a responsible citizen since your conviction. Other requirements include:

  • Paying all fees and fines
  • Attending the required Classes
  • Completing your probation
  • Completing your sentence

The next step involves collecting all the required information, going through your petition process, and filling out the documentation. The situation is best handled with legal assistance.

Phoenix DUI Lawyers know what it takes to hide your conviction from public records. We have successfully guided many clients through the process. We will guide you throughout the process, including assisting you in requesting the judge.