A Class 4 Aggravated DUI charge with the State’s initial 60-day jail offer (typical offers reach 120 days) carried mandatory prison and lifetime IID. Future First cut the jail term in half to 30 days, eliminated house arrest, and structured the felony count as undesignated with a misdemeanor designation path.
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. State’s initial plea offer was 60 days jail; the standard offer on similar cases reaches 120 days |
| Result | State amended to Class 6 Undesignated Endangerment under ARS § 13-1201 + companion Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1); 30 days jail (released after 30 days, no house arrest or home detention required); 3 years supervised probation; ~$5,000 in fines and fees; misdemeanor designation path preserved under ARS § 13-604 |
| Eligibility for set aside | After probation discharge in April 2027 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 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. The State’s initial plea offer set jail at 60 days, with typical offers in similar cases reaching 120 days.
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 30 days jail (released after 30 days), 3 years supervised probation, and ~$5,000 in fines and fees. The firm cut the jail term in half from the State’s 60-day initial offer and well below the 120-day exposure that typically applies to similar cases. The firm also structured the felony count as undesignated under ARS § 13-604 so successful probation completion would open the door to misdemeanor designation, and avoided house arrest or home detention conditions. Set aside under ARS § 13-905 eligible after probation discharge in April 2027. Sealing records under ARS § 13-911 eligible approximately 2028 on the DUI count.
What our clients say
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If you’re facing a Class 4 Aggravated DUI in Arizona
Cutting the jail term in half from the State’s initial plea offer is a meaningful win on top of the Endangerment substitution. The State’s opening number on Class 4 Aggravated DUI plea offers typically lands at 60 to 120 days of jail with house arrest or home detention conditions. Defense work that pulls the actual custody portion below the State’s opening number requires sustained negotiation and documentation of mitigating factors.
Avoiding house arrest or home detention is a separate win. The standard sentence structure on a Class 4 Aggravated DUI plea-down often includes electronic monitoring conditions on top of the jail term. When the State agrees to a clean 30-day jail term with no home detention layer, the client returns to normal life immediately after release rather than continuing under electronic supervision.
Future First Criminal Law has handled Class 4 Aggravated DUI cases across Maricopa County. We know how MCAO evaluates jail-term negotiations and how to structure pleas that pull below the standard offer.
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 602-932-7890 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.