Aggravated DUI: Third DUI in 7 Years Calls for Prison Terms in Arizona

Adverse consequences of Felony DUI convictions are far reaching, and can last a lifetime.

In Arizona a person convicted of a third or subsequent DUI within 7 years or 84 months will be found guilty of Aggravated DUI, Class 4 Felony charges.  Felony DUI convictions are very serious and will result in harsh sentencing including at least 4 months in State Prison.

A first offense DUI is generally charged as a Class 1 Misdemeanor, which calls for jail terms, but not prison.  There are several aggravating factors under Arizona law that can elevate a Misdemeanor DUI to an Aggravated DUI.  One of those factors is to be found guilty of a third DUI within in 84 months.

Felony DUI Laws and Penalties

Under A.R.S. 28-1383 Aggravated DUI includes:

A. A person is guilty of DUI with drugs or alcohol; and

…2. Within a period of eighty-four months commits a third or subsequent violation of any type of DUI and was previously convicted.

Penalties include:

• 3^rd DUI in 84 months carries 4 month prison terms;
• Subsequent carries 8 month prison terms;
• Fines, fees, and assessments $4,000.00;
• Driver’s Licenses Revocation for 3 years;
• Ignition Interlock Device (IID) for 2 years following driver’s license reinstatement;
• Mandatory substance/alcohol abuse counseling, treatment, and supervision;
• Probation, Parole, and/or Community Service

These are the minimum criminal penalties.  Other penalties may be ordered by the judge, including restitution if a victim was injured as a result of the DUI.

Civil consequences also result from a Felony DUI conviction including, but not limited to:

• Loss of voting rights;
• Loss of right to bear arms;
• Criminal felon record;
• Other collateral consequences that may adversely impact residency, school, work, and credit.