A Class 6 Aggravated DUI charge with a passenger under 15 in the vehicle could have produced a permanent felony record with lifetime firearm prohibition and immigration consequences. Future First negotiated a same-sentencing misdemeanor designation that treated the case as a misdemeanor from sentencing forward.

At a glance

Court	Maricopa County Superior Court
Original charge	Aggravated DUI – BAC .08 or More with Passenger Under 15 (ARS § 28-1383(A)(3)), Class 6 Felony
Presumptive exposure	4 months to 2 years of prison (presumptive 1 year), supervised probation eligibility, fines up to $150,000 plus 78% surcharge, mandatory 24-month judge-ordered ignition interlock, license revocation, MADD, alcohol screening and counseling, permanent felony record with lifetime collateral consequences
Result	State amended lead charge to Class 1 Misdemeanor DUI designation at sentencing under ARS § 13-604; 1 day flat time jail (credit for time served); 9 days suspended on substance abuse treatment completion; 12 months unsupervised probation; ~$4,593 in fines on a payment plan
Eligibility for set aside	After probation discharge in July 2024 under ARS § 13-905
Eligibility for sealing	Approximately 2027 under ARS § 13-911, three years after sentence completion under the misdemeanor designation

The stakes

The client faced a Class 6 felony Aggravated DUI charge under ARS § 28-1383(A)(3) at Maricopa County Superior Court, alleging DUI with a passenger under 15 in the vehicle. A Class 6 Aggravated DUI conviction carries 4 months to 2 years of prison (presumptive 1 year), supervised probation eligibility, fines up to $150,000 plus surcharge, 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.

What we did

After Future First negotiated the plea, the State amended the lead charge down to a Class 1 Misdemeanor DUI designation at sentencing. The client pled with the offense designated misdemeanor under ARS § 13-604, treated as a misdemeanor from sentencing forward. The court imposed 1 day flat time jail (credit for time served), 9 days suspended on substance abuse treatment completion, 12 months unsupervised probation, and ~$4,593 in fines on a payment plan.

The firm pulled the case out of the felony tier entirely. The client kept the record clean of any felony conviction. Set aside under ARS § 13-905 is eligible after probation discharge in July 2024. Sealing records under ARS § 13-911 is eligible approximately 2027, three years after sentence completion under the misdemeanor designation.

What the client said

I am so grateful for the service I was given by all the team of Future First Criminal Law, particularly Attorney Ed Robinson. From the day one of my appearances until the sentencing he was there encouraging me, and the defense he has taken on my behalf has made me more confident. All my stress and depression was gone. I’m so thankful for helping me in this terrible situation. I’ll be suggesting you to everyone in my situation. God bless Future First Criminal Law. God bless Attorney Ed Robinson.

— Verified Google review

If you’re facing a Class 6 Aggravated DUI with passenger under 15 in Arizona

Arizona’s Aggravated DUI statute under ARS § 28-1383(A)(3) elevates a DUI to felony level when the driver has a passenger under 15 in the vehicle. The Class 6 felony classification carries lower exposure than the Class 4 versions (suspended license, third DUI, wrong-way driving) but still produces a permanent felony record with all the standard lifetime collateral consequences.

Same-sentencing designation under ARS § 13-604 is the strongest tool for closing out a Class 6 Aggravated DUI as a misdemeanor. When the State agrees to amend the lead charge and the court designates the offense as a Class 1 Misdemeanor at sentencing rather than at probation discharge, the felony tier never attaches to the record. The conviction sits as a misdemeanor from day one.

Same-sentencing designation requires defense work that establishes the appropriate factual fit (low-end conduct within the statutory range, clean prior history, mitigating factors), prosecutor cooperation on the amendment, and the court’s willingness to apply § 13-604 at sentencing rather than at discharge.

Future First Criminal Law has handled Aggravated DUI cases at every tier across Maricopa County. We know how MCAO evaluates Class 6 amendment requests and how to position a case for same-sentencing misdemeanor designation.

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

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.