Interviewer: What is a Class 4 Felony Aggravated DUI?
Michael: An Aggravated DUI Class 4 Felony is exactly what it sounds. It’s a felony offense. It is specifically a Class 4 felony offense, which is a very, very serious crime if you’re convicted. There are different types of Class 4 Felony Aggravated DUIs.
The most common Aggravated DUI Class 4 Felony is where a person gets a normal DUI that people are accustomed to but the difference is they get a DUI while their license to drive is suspended, canceled, or revoked. When you drive while your license is suspended, canceled, or revoked and you’re impaired by alcohol or have a blood alcohol level that’s beyond the legal limits then you can be convicted of that felony charge.
The other type of Aggravated DUI Class 4 Felony is when a person gets a DUI while their license requirement says they’re supposed to have an Ignition Interlock Device. Those are very, very serious offenses too because in those cases when they go to trial the jury hears that you were supposed to have an interlock device and that’s important because it implies that the person’s been convicted of a DUI before.
The other way to get an Aggravated DUI Class 4 Felony is if the current offense is your third DUI within 7 years. If this is your third DUI within 7 years, then the state can file it as a Class 4 Felony Aggravated DUI.
What Are the Possible Penalties for a Felony/Aggravated DUI?
If the Aggravated DUI is your first felony offense you could receive probation. Unlike other types of probation where it’s possible you might not do any jail, on an Aggravated DUI, if you get probation the minimum term, if convicted, is four months in prison.
Interviewer: That is a serious consequence.
Michael: There’s a big difference between prison and jail. In jail, you have the opportunity to go to work and spend the night at jail, but in prison, you actually go to prison and you will be incarcerated there for a minimum of four months.
Can You Lose your Driving Privileges if Convicted of an Aggravated DUI?
Also, before 2012, if you were convicted of an Aggravated DUI the motor vehicle division in Arizona would revoke your license for 3 years. Now as of 2012 and beyond on an Aggravated DUI, the revocation has been reduced to a one-year revocation. The thing that people must understand though, is a revocation means you completely have your license taken away. After the revocation, to get your license back, you have to actually go down to the MVD and submit what’s called a revocation packet. If that’s approved, you could possibly get your license back.
Will You Be Sentenced to Prison if Convicted of a Felony/Aggravated DUI?
Interviewer: What are some of the penalties of being convicted of any of the types of Class 4 Felony Aggravated DUIs?
Michael: The first-time penalty for a Class 4 felony, if convicted, the possible penalties are a very minimum of one year in prison and a maximum of three and three quarters year in prison. The average term, also known as the presumptive, is two and a half years in prison on your first offense for an Aggravated DUI. It’s possible somebody can go to prison for it but if they do receive probation, the minimum term they have to do is the four months prison as a term of probation.
Now if you get your second Aggravated DUI or you get an Aggravated DUI and you have one prior felony conviction then the possible prison sentence or penalties go up dramatically. Whereas, the very least a person can get is 2.25 years, the very maximum someone can get is 7.5 years in prison, and the presumptive, or the average, term is four and a half years in prison. That is for a second Aggravated DUI, or when you’re charged with Aggravated DUI and you have a prior felony.
The Category 3 is this, if you have two prior felony convictions or two prior Aggravated DUI convictions and you’re facing a third one, then you’re looking at a minimum term of six years in prison, a maximum of 15, and an average or presumptive of 10 years in prison. There are people that deal with Aggravated DUIs and have Aggravated DUI prior felonies and in those cases they really do need an attorney because they are looking at many years of prison time if convicted.
The MVD will suspend your drivers license for 90 days unless you act within the first 15 days of your arrest!
We can put the suspension on hold and fight the MVD hearing process to protect your driving privilege.
In Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged, and on the Defendant’s criminal record.
A previous DUI counts as a prior for the purposes of Sentencing if it occurred within 7 years (84 months) of the current arrest.
NOTE : The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence.