Felony DUI and DUI Felony Related Offenses
Aggravated DUI - DUI While License Is Suspended - A.R.S. § 28-1383
In Arizona, committing a DUI while your license is suspended is a Class Four Felony. If it is a first time felony, the absolute minimum penalty is four months in prison (or prison time served in jail) as a condition to receive probation. Probation may be up to 10 years. If probation is not granted, a defendant convicted of Aggravated DUI faces a 2.5 year presumptive prison term (it could be as little a 1.5 years or as much as 3.75).
Aggravated DUI with a valid historical prior felony carries a 4.5 year presumptive prison sentence, and Aggravated DUI with two valid historical prior felony convictions carries a presumptive sentence of 10 years in prison.
Aggravated DUI - Third DUI Within 60 Months - A.R.S. § 28-1383
In Arizona, committing a third DUI within 84 months is also a Class Four Felony. Punishment for this violation is the same as noted directly above.
Aggravated DUI - DUI With Child 15 or Younger In Car - A.R.S. § 28-1383
In Arizona, committing a DUI with a child under the age of 15 in the car is a Class Six Felony. A first time Class Six Felony is probation available. If probation is not granted, a defendant faces a prison term ranging from as little as .33 years to as much as 1.5 years, with a presumptive term of 1 year.
