An Aggravated DUI Class 4 Felony is exactly what it sounds like and is a very serious crime if convicted. There are different types of Class 4 Felony Aggravated DUIs. The most common Aggravated DUI Class 4 Felony is where the person gets a normal DUI while their driver’s license was suspended, canceled or revoked. The person will be convicted of that felony charge if they were driving while impaired by alcohol, or had a blood alcohol level that was beyond the legal limits, and their license was suspended, canceled or revoked.
The other type of Aggravated DUI Class 4 Felony is when a person gets a DUI while their license requirement states they are supposed to have an Ignition Interlock Device. At trial, the jury will hear that the person was supposed to have an interlock device which indicates they have been previously convicted for a DUI. The person can also get an Aggravated DUI Class 4 Felony if their current offense is their third DUI within 7 years. In that case, 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 the first felony offense, a person can receive probation. This is possible if they do not have to do any jail time for any other types of offenses – they would get probation as the minimum term for an Aggravated DUI, and they would get four months in prison if they were convicted.
The difference between prison and jail is that with a jail sentence, a person may still be able to go to work, but spend the night in jail. A prison sentence means total incarceration for a minimum of four months.
Would The Person Be Sentenced To Prison If Convicted Of A Felony/Aggravated DUI?
The possible penalty for a first time conviction for a Class 4 felony is a minimum of one year and a maximum of three and three quarter years in prison. The average term, also known as the presumptive, is two and a half years in prison for a first offense Aggravated DUI. It is possible, however, for somebody to go to prison for it, but if they received probation, the minimum term they would have to do is still four months in prison as a term of probation.
The potential prison sentence and penalties go up dramatically for someone who gets a second aggravated DUI, or if they get an aggravated DUI and have one prior felony conviction. The least amount of prison time would be 2.25 years and the maximum would be 7.5 years. The presumptive, or average term served, is four and a half years in prison.
Someone who had two prior felony convictions or two prior aggravated DUI convictions and was now facing a third comes under Category 3. They will be looking at a minimum of six years in prison and a maximum of 15 years. The average, or presumptive, term is 10 years. People with aggravated DUIs or aggravated DUIs with prior felonies really need an attorney because they can be looking at many years in prison if they are convicted.
The MVD will suspend the person’s driver’s license for 90 days unless they act within the first 15 days of their arrest.
For more information on Class 4 Aggravated DUI Felony, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (480) 447-1100 today.