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Michael: A Class 6 Felony Aggravated DUI is one where a person is driving under the influence of alcohol or they’re over the legal limit. It’s like a normal, regular DUI. The difference is it has the added element that that person is driving with a child in the car. Legally, the charge applies if the child in the car under 15 years of age. The most common is when a person is driving with one of their children in the vehicle, they’re caught, and charged, that is an Aggravated DUI and that’s a Class 6 Felony.
What Are the Possible Penalties for a Class 6 Aggravated DUI?
The penalties on that are different than the Class 4 because it’s less serious. It is still a felony but the minimum penalties mimic the DUI misdemeanor statutes. What that means is if it’s an aggravated DUI where your blood alcohol is alleged to be over .08, then you’re looking at a minimum of 10 days in jail, nine of which can be suspended, do one day minimum, and a maximum of six months in jail.
On an Aggravated DUI Class 6 where your blood alcohol comes back over .15 you’re looking at a minimum of 30 days in jail and a maximum of six months. If your blood alcohol is over a .20, then the minimum is 45 days in jail and it is a maximum of six months in jail.
They all have mandatory fines and fees associated. Everyone has to do alcohol substance abuse classes if convicted. The big thing on the Aggravated DUI is it is a felony and so it’s very important people understand how serious that charge is.
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.