602-900-7625
Free Consultation
A Class 4 felony Aggravated DUI in Maricopa County Superior Court came with a presumptive 2.5-year prison sentence and no probation eligibility. After more than a year of negotiation, we cut it down to 4 months.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Class 4 Felony Aggravated DUI (ARS § 28-1383(A)(2)(a)) |
| Presumptive exposure | 2.5 years prison (mandatory), up to 3.75 years aggravated, no probation eligibility, fines up to $150,000 |
| Result | 4 months prison + 3 years supervised probation |
| Prison time saved | Approximately 790 days (over 2 years of stacked prison) |
| Estimated dollars saved | $46,000 |
| Eligibility for set aside | January 2027 (after probation discharge) under ARS § 13-905 |
| Eligibility for sealing | Approximately 2032 under ARS § 13-911 (Class 4 felony 5-year wait) |
The stakes
Arizona’s Aggravated DUI statute does not leave much room. Once the State files an Aggravated DUI as a Class 4 felony, the law says you go to prison. The presumptive sentence is 2.5 years. The maximum aggravated sentence is 3.75 years. Probation is not an option on a standard Aggravated DUI count.
That is the wall every client faces when they walk through our door with one of these cases.
The client in this 2023 matter was charged with a Class 4 felony Aggravated DUI under ARS § 28-1383(A)(2)(a) at Maricopa County Superior Court. The State alleged DUI while on a suspended driver’s license. The exposure was real:
- Mandatory prison range with a 2.5-year presumptive sentence
- Up to 3.75 years if the State pushed aggravators
- No probation eligibility on the standard Aggravated DUI count
- Fines and surcharges up to $150,000
- Mandatory 24-month judge-ordered ignition interlock device
- License revocation
- MADD Victim Impact Panel
- Alcohol screening and counseling
- A permanent felony record carrying lifetime collateral consequences for employment, housing, immigration, and civil rights including the loss of firearm ownership
What we did
Future First worked the case across more than a year. We pressed evidentiary issues, structured a plea framework the prosecutor would sign off on, and negotiated the State down from the 2.5-year presumptive prison demand to a 4-month prison sentence plus 3 years of supervised probation.
The client served the 4-month term and entered probation.
By pulling the sentence below the presumptive range, we saved the client approximately 2 years of stacked prison time and the financial penalties that come with extended incarceration. Set aside under ARS § 13-905 becomes available after probation discharge in approximately January 2027. Arrest record sealing under ARS § 13-911 becomes available approximately 2032 under the Class 4 felony five-year wait.
The felony is on the record for now. But there is a clear path to clean it up.
What the client said
More than a year ago, I found myself in some serious legal trouble facing the possibility of a lengthy prison sentence. My fiancé, Jackie and I decided we needed a good attorney to help us maneuver through this difficult situation. We are not rich people and we were afraid that we would not be able to find a reliable and reputable firm at a price we could afford. We searched the internet and came across Future First Law Firm. When Jackie saw the high rating and many five star reviews she convinced me to give them a call. After a short conversation with Zach, we were both convinced we had found the right firm. It took over a year and several court appearances but Zach and his team stood by my side through it all and helped me get a great plea. It was a nerve-racking process, but Zach was always patient and ready to address any concerns we had. Thanks to Future First, we are excited about our plans for the future. If you find yourself in a legal mess, I highly recommend hiring Zach and his team.
— Verified Google review
If you’re facing an Aggravated DUI in Arizona
Arizona’s Aggravated DUI statute (ARS § 28-1383) is one of the harshest in the country. Mandatory prison, no probation eligibility on standard counts, and lifetime collateral consequences make these cases incredibly high-stakes. The trigger conditions are specific:
- 3rd DUI offense within 84 months
- DUI on a suspended, revoked, or restricted license (Class 4 felony)
- DUI with a passenger under 15 years old (Class 6 felony)
- DUI in the wrong-way lane of a divided highway (Class 4 felony)
- DUI in violation of an ignition interlock requirement
If you have been charged with any version of Aggravated DUI in Arizona, your defense strategy in the first 30 days matters more than almost anything else. Pre-indictment negotiations can change the trajectory of a case before it ever reaches the felony complaint stage. Once the State files a hard Aggravated DUI count, your room to maneuver narrows fast.
Future First Criminal Law has handled Aggravated DUI cases at every tier in Maricopa County and across Arizona. We know how the prosecutors think. We know how the judges weigh aggravators and mitigators. And we know how to build the kind of plea framework that can pull a 2.5-year presumptive sentence down to 4 months.
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 conviction
Call us
Facing an Aggravated DUI charge? 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.
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 DUI law, visit the Arizona State Legislature website.