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Ticket is for dui, can judge change it to aggravated dui and make it a felony?

Avondale, AZ |

Im 20 and got pulled over. Ticket is underage dui, dui, and suspended license. The officer assured me he was going easy on me and said he only put me down for misdemeanor because I was cooperative. However, Looked it up and saw that since I had suspended license, that it really should have been aggravated. How will the judge treat this?

I had been pulled over before, cop didn't take my license. This 1 did. I blew .10

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Attorney answers 4

Best Answer

You really need to consult with an attorney immediately. It may be in your benefit to consider pleading out immediately to avoid the possibility of of the aggravated DUI. While the Judge lacks the jurisdiction to treat the case as a felony, the next set of eyes on the file will be a prosector. Depending on the reason for the underlying suspension (i.e., if it was because of prior DUI), it may or may not be dismissed for felony prosecution. It simply may not be worth the exposure if you are able to avoid it immediately. Again, I would consider speaking with an attorney immediately to discuss your options and the possibilities of felony prosecution.



Only prior tickets I had were no insurance no registration.

Cindy Castillo

Cindy Castillo


Given the underlying reason for the suspension, you are in a much better position than those who are suspended for a prior DUI. It still would benefit you to consult with an attorney.


If you're charged in a city court or justice court, you cannot be charged with a felony for aggravated DUI. The court lacks the jurisdiction for felony matters. The only way you could be charged with an aggravated DUI is if the case is dismissed and refiled in superior court. Hopefully, for your sake, that doesn't happen.



Thank you. That relieves some stress.


It is not the judge who will change the charge. The prosecutor is the one who can change the charge. Typically an Aggravated DUI will only be charged if your license is suspended for a prior DUI or you have three or more driving on suspended license convictions.

If your charge is currently in justice court, city court, or municipal court you are not charged with Aggravated DUI.

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Neither the police nor the judge have ultimate say in how you are charged. That is up to the prosecutor. If you received a ticket you also received a court date. I would talk with an attorney, hire one and get them to let the prosecutor know that you have an attorney.

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