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Range of Penalties for Aggravated DUI, Class 4 and Class 6 Felonies

Aggravated DUI, Class 4 Felony, A.R.S. §28-1383 (A)(1) and (A)(2) A Class 4 Felony Aggravated DUI offense does carry a “mandatory minimum" sentence if you are found guilty. The maximum possible penalty that may be imposed for a Class 4 Felony Aggravated DUI is up to 3.75 years in prison, fines of up to $150,000 plus surcharges, and up to ten (10) years of supervised probation. The “mandatory minimum" sentence for a Class 4 Felony Aggravated DUI offense is as follows:

  • One hundred and twenty (120) days in prison.
  • Alcohol abuse screening, counseling and treatment.
  • Community Restitution may be ordered.
  • A fine of $750.00 plus surcharges.
  • A $250.00 DUI Abatement Fund Fee.
  • A $1,500.00 Prison Construction and Operations Fund fee.
  • A $1,500.00 Public Safety Equipment Fund fee.
  • Installation of an Ignition Interlock Device for twenty-four (24) consecutive months.
  • MVD will also revoke your driving privileges for three (3) years.

Aggravated DUI, Class 6 Felony, A.R.S. §28-1383 (A)(3) A Class 6 Felony Aggravated DUI offense does not carry the same potential penalties and “mandatory minimum" sentence of a Class 4 Felony Aggravated DUI. However, the maximum possible penalty that may be imposed for a Class 6 Felony Aggravated DUI is up to 2.0 years in prison, fines of up to $150,000 plus surcharges, and up to ten (10) years of supervised probation. A Class 6 Felony Aggravated DUI offense may be charged under any one of the following circumstances:

  • If a person commits a violation of the misdemeanor DUI laws (A.R.S. §28-1381 or A.R.S. §28-1382) with a person under the age of fifteen (15) in the vehicle.
  • If a person who is required to have an Ignition Interlock Device installed in their vehicle refuses to submit to a blood, breath, or urine test requested by an officer conducting a DUI investigation.
  • If a person who is required to have an Ignition Interlock Device installed in their vehicle commits a violation of the misdemeanor DUI laws (A.R.S. §28-1381 or A.R.S. §28-1382).

The “mandatory minimum" jail sentence for a Class 6 Felony Aggravated DUI offense is determined by the blood alcohol concentration of the person charged as detailed under the description of the “mandatory minimum" sentences for misdemeanor DUI offenses. A Class 6 Felony Aggravated DUI offense also carries additional penalties, in addition to the “mandatory minimum" jail sentence, which are as follows:

  • Up to ten (10) years of supervised probation.
  • Alcohol abuse screening, counseling and treatment.
  • Community Restitution may be ordered.
  • A fine of $750.00 plus surcharges.
  • A $250.00 DUI Abatement Fund Fee.
  • A $1,500.00 Prison Construction and Operations Fund fee.
  • A $1,500.00 Public Safety Equipment Fund fee.
  • Installation of an Ignition Interlock Device for twenty-four (24) consecutive months.
  • MVD may also revoke your driving privileges for up to three (3) years.

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