Driving under the influence is never a good idea and there’s no reason someone needs to do it. There are plenty of laws set in place designed to keep the roads safe for everyone. For those of us living in Arizona who are 21 years of age or older, your blood alcohol content should be below .08% if you intend on operating a vehicle. It doesn’t take much from a misdemeanor DUI to turn into a more severe charge, like an aggravated DUI. Here’s everything you need to know about aggravated DUIs in Arizona and what you can do to stay safe.

What is an Aggravated DUI?

Now that you know an aggravated DUI is more severe than a traditional DUI charge, what exactly is it? For starters, there are specific factors involved that are necessary to turn the misdemeanor of a DUI into a felony. Some of the most common factors include the following for the state of Arizona.

Damage to Another Person or Piece of Property

If you’re under the influence while driving and there was an accident damaging another person, their vehicle, or another piece of property, it will be assessed as aggravated. This also includes public property like sidewalks, medians, trees, and commercial areas. On the same note, if a driver is found driving in the wrong direction on a highway, it’s considered an aggravating factor.

Driving Without a Full License

Someone may face an aggravated DUI charge if you’re driving without a full license. This includes driver’s licenses that have been restricted, revoked, or suspended. If you’re driving without a license at all, this could be included under the factor of not having a full legal license.

Driving With a Minor

When a drive is pulled over for a DUI, the officers on the scene will look to see who, if anyone, is in the car with the driver. If there is a passenger who is 15 years old or younger and the driver fails a breathalyzer test, this is considered an aggravating factor.

Driving Without an Interlock

Some drivers may be required to put an interlock device on their vehicle. This ensures they’re not driving under the influence. Because there are ways to bypass this device, there are still people out there who drive drunk. They can expect to face a felony DUI charge like aggravated DUI if they’re found without the interlock properly installed in their vehicle.

Multiple DUIs in a 7-Year Timeframe

Lastly, another reason a traditional DUI may be upgraded to an aggravated DUI is if there is a history for the specific driver. If someone has two prior DUIs on their record within the last seven years, the third can be a felony.

Penalties for an Aggravated DUI in Arizona

Any form of a DUI should never be taken lightly. These are serious offenses that could harm those in the vehicle and others around. There are several penalties that apply to an aggravated DUI offense.

For starters, the driver can expect to spend a minimum of four months in prison. There is no way to waive the jail sentence, it’s entirely mandatory. The offender will also spend $585 on a substance abuse screening that takes 36 hours to complete.

In addition to jail time and the screening, the driver will also lose their license for three years. Once they are able to legally drive again, they’ll be required to get an ignition interlock device installed in their vehicle for two years. This device has the driver blow into it to check their blood alcohol content before they’re able to start the car. An ignition interlock device can cost nearly $2,500 to get installed.

If that’s not enough, those with aggravated DUIs on their record will need to get a special provision that makes sure the driver pays their insurance carrier. The carrier will then tell the DMV if the driver’s insurance ever lapses. This is called an SR-22 and is required for three years, costing $500 per year. Due to this provision, the driver’s premium will go up by $3,000 per year for those three years as well.

In total, it can cost someone with an aggravated DUI around $13,600 for all of these charges and provisions. This doesn’t include the cost of any court fees or ride-share services they may need to use to get places. While $13,600 is a lot of money, driving under the influence could cost you your life or the life of someone you love.

If the driver charged with an aggravated DUI is in a professional field that requires licensing, they could lose their license. This includes careers in the medical field, law, government, and real estate. Because this is a felony conviction, you’ll also lose your right to vote and the right to own a firearm.

Class 4 Felony Aggravated DUI

If a driver has a canceled, revoked, or suspended license, they’ll likely be charged with a Class 4 Aggravated DUI. This is a felony and the person charged will be required to serve at least four months at the Department of Corrections. It’s not uncommon for someone with a Class 4 Felony to serve two years in prison. There is also the option for the courts to add up to 10 years of probation on top of serving time.

Class 6 Felony Aggravated DUI

Under factors that cause a standard DUI to become an aggravated DUI, we saw that driving under the influence with someone 15 years old and under is considered aggravated driving. This is considered a class six felony in the state of Arizona. You’ll usually have your license revoked for a year, 10 years probation, along with a short jail sentence.

What You Can Do

There are several things that you can do to avoid getting an aggravated DUI in the first place. For starters, always choose a non-drinking designated driver BEFORE your night begins. Offer to buy a friend dinner or pay them $20 to pick you up from the bar. Your friends and family would much rather spend 30 minutes out of their day to be a designated driver than to have anything bad happen to you.

If you have been drinking and don’t have a designated driver, call for a ride-sharing service like Uber or Lyft. If these aren’t available in your city, you could call a taxi. Bartenders and restaurant staff are usually willing to find you a sober ride so that you can get home safely.

For those who have been pulled over and are facing a DUI charge, finding a high-quality lawyer may help. They can discuss the penalties, convictions, and how it will affect your life moving forward.

Bottom Line

Arizona is known to have some of the strictest DUI laws in the country. While the safest route is to not get behind the wheel if you’ve been drinking, some people inevitably do it. These reckless actions come with severe consequences and could even cause death.

Please consider the tips listed above to stay sober or get a safe ride home. There are plenty of options available to avoid hurting yourself, others, your vehicles, your future, and your wallet. Thank you for playing a part in keeping the roads of Arizona safe.