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A Class 4 Aggravated DUI charge at Maricopa County Superior Court carried 2.5 years of presumptive prison with no probation eligibility on the standard Aggravated DUI count. Future First negotiated the plea to amend the lead charge down to Class 6 Undesignated Endangerment plus a companion C1M DUI, with probation in lieu of prison.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Aggravated DUI (ARS § 28-1383), Class 4 Felony |
| Presumptive exposure | Mandatory prison range under ARS § 28-1383 (presumptive 2.5 years prison, max 3.75 years aggravated), no probation eligibility on standard Aggravated DUI counts, fines and surcharges up to $150,000, mandatory 24-month judge-ordered ignition interlock, license revocation, MADD victim impact panel, alcohol screening and counseling, permanent felony record |
| Result | Lead charge amended down to Class 6 Undesignated Endangerment (ARS § 13-1201) plus companion Class 1 Misdemeanor DUI (ARS § 28-1381(A)(1)); 2 years probation in lieu of prison; felony count structured as undesignated under ARS § 13-604 |
| Prison time saved | Approximately 2.5 years (730 days) of presumptive prison avoided |
| Eligibility for set aside | Approximately 2024 after probation discharge under ARS § 13-905 |
| Eligibility for sealing | Approximately 2029 on the Endangerment count and approximately 2027 on the DUI count under ARS § 13-911 |
The stakes
The client faced a Class 4 felony Aggravated DUI under ARS § 28-1383 at Maricopa County Superior Court. A Class 4 Aggravated DUI conviction in Arizona carries a mandatory prison sentence (presumptive 2.5 years, max 3.75 years aggravated) with no probation eligibility on standard Aggravated DUI counts, fines and surcharges up to $150,000, a mandatory 24-month judge-ordered ignition interlock, license revocation, MADD victim impact panel, alcohol screening and counseling, and a permanent felony record with lifetime collateral consequences for employment, housing, immigration, and civil rights including firearm possession.
Once the State files an Aggravated DUI as a Class 4 felony, the default trajectory is prison. The plea negotiation has to find a path off that trajectory or the client is going to ADOC on a presumptive 2.5-year stipulation.
What we did
After Future First negotiated the plea, the State amended the lead charge down from Class 4 Aggravated DUI to Class 6 Undesignated Endangerment under ARS § 13-1201, plus a companion Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1).
The client received 2 years of probation in lieu of prison. The firm pulled the case out of the Class 4 felony tier entirely and structured the felony count as undesignated so that successful probation completion would open the door to misdemeanor designation under ARS § 13-604. The client avoided 2.5 years of presumptive prison on the original Class 4 Aggravated DUI.
Set aside under ARS § 13-905 is eligible after probation discharge in 2024. Sealing records under ARS § 13-911 is eligible approximately 2029 on the Endangerment count and approximately 2027 on the DUI count.
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If you’re facing an Aggravated DUI in Arizona
Arizona’s Aggravated DUI statute (ARS § 28-1383) is one of the harshest DUI provisions in the country. The Class 4 felony tier carries mandatory prison on conviction with no probation eligibility on the standard Aggravated DUI count. Triggers include a 3rd DUI within 84 months, DUI on a suspended/revoked/restricted license, DUI with a passenger under 15, wrong-way DUI on a divided highway, and DUI in violation of an ignition interlock requirement.
Two negotiation paths can pull a Class 4 Aggravated DUI off the mandatory prison trajectory. The first is a sentencing reduction within the Aggravated DUI count itself, where the State stipulates to a shorter prison term or probation rather than the presumptive. The second, more dramatic, is amending the lead charge away from Aggravated DUI entirely. When the State agrees to amend down to Class 6 Endangerment (ARS § 13-1201) or another non-mandatory-prison felony, the case moves into the probation-eligible range.
The undesignated felony structure under ARS § 13-604 is the third layer of relief. When the felony count is left undesignated at sentencing, successful probation completion lets the court designate the offense as a misdemeanor at discharge. A path that started with mandatory prison on a Class 4 felony can end with a misdemeanor designation a few years later.
Future First Criminal Law has handled Aggravated DUI cases at every tier in Maricopa County and across Arizona. We know how the prosecutors and judges weigh the Endangerment substitution, how the undesignated structure works in practice, and how to keep a client out of prison on a charge that defaults to mandatory ADOC time.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Aggravated DUI defense — what to expect when the State files at the felony level
- Set aside and sealing in Arizona — how to clean up your record after a felony case
Call us
Facing an Aggravated DUI charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of Arizona DUI cases at every tier. The earlier we are involved, the more options you have for keeping the case out of the mandatory prison range.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona Aggravated DUI law, visit the Arizona State Legislature website.