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Aggravated DUI

Aggravated DUI

Aggravated DUI

Aggravated driving under the influence (DUI or DWI) in Phoenix is usually more serious than driving under the influence and can involve a number of offenses. A conviction for this offense can result in very severe penalties, including installation of an ignition interlock device, mandatory prison sentences, steep fines and assessments, a criminal record and/or an inability to own or possess a firearm.

Criminal charges for an aggravated DUI offense do not have to result in a conviction. The prosecutor must prove you committed every element of the DUI offense beyond a reasonable doubt before you can be convicted. If the judge or jury has even the slightest doubt, the charges against you may be reduced or even dismissed. Therefore, it is essential to hire an experienced DUI defense attorney in Phoenix to help you create your best defense.

Mesa Aggravated DUI Lawyer

If you have been charged with a third DUI or aggravated DUI in Mesa, or any of the surrounding areas in Arizona, including Gilbert, Tempe, Chandler, Scottsdale, Phoenix or East Valley, contact the Law Office of James E. Novak. Attorney James Novak is an experienced DUI defense attorney who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your 3rd alleged DUI offense.


East Valley Third DUI Information Center


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Aggravated DUI in Mesa

According to section 28-1383 of the Arizona Revised Statutes, an individual can be charged with aggravated DUI in Arizona if they drive under the influence or commit extreme or super extreme DUI and:

  • Drive with a suspended, revoked or cancelled license,
  • Commit a third or subsequent DUI,
  • Operate the vehicle with a child under the age of 15 in the vehicle, or
  • Are charged with a DUI offense with an ignition interlocking device is installed on their vehicle.

Driving under the influence in Arizona can occur if the alleged offender drives or is in actual physical control of a vehicle while:

  • Under the influence of liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination and the alleged offender is impaired to the slightest degree;
  • The alleged offender’s alcohol concentration level is .08 or more within two hours of driving or being in actual physical control of a car;
  • The alleged offender has any controlled substance in their body; or
  • The alleged offender was operating a motor vehicle with an alcohol concentration of .04 or more.

According to ARS § 28-101(17), “driving” is defined as operating or being in actual physical control of the car. Additionally, Arizona law defines a motor vehicle under § 28-101(33) as:

  • A self-propelled vehicle, or
  • A vehicle that is operated on the highways and propelled by motor vehicle fuel.

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Tempe Third DUI

According to section 28-1383(A)(2) of the Arizona Revised Statutes, an individual can be charged with a third or subsequent DUI if, within a period of 84 months, they commit their third or subsequent driving under the influence offense. These DUI offenses can include, but are not limited to, any of the following:

  • ARS § 28-1381(A) – Driving Under the Influence
  • ARS § 28-1382 – Extreme DUI
  • ARS § 28-1382 – Super Extreme DUI
  • ARS § 28-1383(A) – Aggravated DUI
  • ARS § 28-1381(A)(3) – DUI with a Child in the Vehicle
  • ARS § 28-1383(A)(1) – DUI with a Suspended License

An individual charged with a third or subsequent DUI offense in Phoenix can be convicted of a class 4 felony in Phoenix, which is punishable by a minimum of four months in prison for a third offense. A fourth or subsequent DUI conviction is punishable by a minimum of eight months in prison.


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DUI with a Suspended License in Mesa

According to section 28-1383(A)(1) of the Arizona Revised Statutes, an individual can be charged with DUI with a suspended license if they commit driving under the influence, extreme DUI or Super Extreme DUI while their driver’s license is suspended, cancelled or revoked.

An individual who has been charged with a DUI with a suspended license offense in Phoenix can be convicted of a class 4 felony, which is punishable by a minimum of four months in prison.


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DUI with a Child Passenger in Tempe

According to section 28-1383(A)(3) of the Arizona Revised Statutes, an individual can be charged with DUI with a child passenger if they operate their motor vehicle with a child under the age of 15 and drive under the influence of alcohol, drugs, or a combination of both.

An individual who has been charged with a DUI with a child passenger offense in Phoenix can be convicted of a class 6 felony, which is punishable by at least 10, 30 or 45 consecutive days in prison depending on the alleged offenders alcohol concentration level.


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Maricopa County DUI with an Ignition Interlock Device

According to section 28-1383(A)(4) of the Arizona Revised Statutes, an individual can be charged with this offense if they have been court ordered to have an ignition interlock device installed on their vehicle and:

  • After being arrested on suspicion of driving under the influence, they refuse to submit to chemical testing; or
  • Driver under the influence of alcohol, drugs or a combination of both.

An individual who has been charged with a DUI with an ignition interlock device installed on their vehicle in Phoenix can be convicted of a class 4 felony. If an individual is charged with this offense and refuses to submit, they can be convicted of a class 6 felony.


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Mesa Aggravated DUI Penalties

An aggravated DUI in Arizona can result in a felony conviction according to section 28-1383 of the Arizona Revised Statutes. The degree of felony depends on the aggravated DUI offense committed. All aggravated DUI offenders can face the following penalties:

  • A fine of at least $750,
  • Installation of an ignition interlock device for at least one year,
  • Community restitution,
  • Possible probation for up to ten years,
  • Vehicle impoundment,
  • An additional assessment of $250,
  • Assessment of $1,500 to be deposited in the prison construction and operations fund,
  • Assessment of $1,500 to be deposited in the public safety equipment fund,
  • Mandatory alcohol or drug screening,
  • Mandatory alcohol or drug education or treatment program,
  • Court costs,
  • A driver’s license revocation for a t least three years, and/or
  • A criminal record.

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Resources for Aggravated DUI in Maricopa County

Arizona Revised Statutes – This link is to aggravated DUI offenses and penalties an individual can receive if they are convicted of aggravated DUI under ARS § 28-1383. Chapter 4 of Title 28 of the Arizona Revised Statutes lists and defines all of the state’s driving under the influence offenses.

Arizona Governor’s Office of Highway Safety – The Arizona Governor’s Office of Highway Safety provides information on the DUI laws in Arizona, including mandatory installation of an ignition interlock device, driving under the influence and aggravated driving under the influence. The office is located at:

3030 N. Central Ave. #1550
Phoenix, Arizona 85012
Phone: (602) 255-3216

Maricopa County Clerk of Superior Court – This link provides access to court information on criminal court cases in Maricopa County, including DUI cases. The Clerk of Superior Court also provides copies of court records, information about the court and court terms, and answers to frequently asked questions about the judicial system in Maricopa County. The court is located at:

Maricopa County Superior Court
201 W. Jefferson
Phoenix, Arizona 85003
Phone: (602) 506-3730

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Law Office of James E. Novak, PLLC | Third DUI Attorney in Tempe

Contact the Law Office of James E. Novak today for a consultation about your alleged aggravated drinking and driving offense throughout Maricopa County in Arizona. This includes Mesa, Tempe, Chandler, Gilbert, Scottsdale, Phoenix, and nearby areas. James Novak is a knowledgeable DUI attorney in Phoenix who will make every effort to fight the allegations against you. Call (480) 413-1499 for a consultation about your aggravated DUI charges and determine your legal options.

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