A Class 4 Aggravated DUI carried 2.5 years of presumptive prison and a $3,000+ jail-cost bill on conviction. Future First amended the case down to Class 6 Undesignated Endangerment + C1M DUI, secured probation in lieu of prison, and got the $3,000 jail-cost portion waived.

At a glance

Court	Maricopa County Superior Court
Original charge	Aggravated DUI (ARS § 28-1383), Class 4 Felony
Presumptive exposure	Mandatory prison range (presumptive 2.5 years, 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, alcohol screening and counseling, permanent felony record
Result	State amended lead charge down to Class 6 Undesignated Endangerment (ARS § 13-1201) + companion Class 1 Misdemeanor DUI (ARS § 28-1381(A)(1)); 2 years supervised probation + 30 days flat jail on the DUI count, in lieu of mandatory prison; ~$3,000 in jail costs waived; felony count undesignated under ARS § 13-604
Eligibility for set aside	After probation discharge in August 2025 under ARS § 13-905
Eligibility for sealing	Approximately 2028 on the felony 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.

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 supervised probation plus 30 days flat jail on the DUI count, in lieu of mandatory prison on the Class 4 Aggravated DUI. The firm also secured waiver of approximately $3,000 in jail costs.

The firm 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 August 2025. Sealing records under ARS § 13-911 is eligible approximately 2028 on the Endangerment count and approximately 2027 on the DUI count.

What our clients say

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If you’re facing a Class 4 Aggravated DUI in Arizona

Endangerment substitution under ARS § 13-1201 is the standard path off the mandatory-prison trajectory on Class 4 Aggravated DUI cases. When the State agrees to amend the lead charge from § 28-1383 down to § 13-1201, the case moves out of the no-probation tier and into the probation-eligible range. Combined with the undesignated felony structure under § 13-604, successful probation completion can produce a misdemeanor designation at discharge.

Jail-cost reimbursement is the practical layer on top of the sentence itself. Arizona jails bill defendants for actual incarceration costs. On a 30-day jail term, costs can run $3,000+ depending on the facility. Defense work that negotiates the jail-cost portion waived saves the client meaningful money on top of the sentencing reductions.

Future First Criminal Law has handled Aggravated DUI cases at every tier across Maricopa County. We know how MCAO evaluates Endangerment substitution amendments, how the undesignated structure works in practice, and how to negotiate jail-cost waivers alongside the sentencing reductions.

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 a Class 4 Aggravated DUI in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of Aggravated DUI cases. The earlier we are involved, the more options you have for keeping the case off the mandatory-prison trajectory.

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.