A Class 4 Aggravated DUI charge at Maricopa County Superior Court carried mandatory prison with no probation eligibility on the standard count. Future First amended the lead charge to Class 6 Undesignated Endangerment plus a misdemeanor DUI count, 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 (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, alcohol screening and counseling, permanent felony record
Result	State amended lead charge to Class 6 Undesignated Endangerment under ARS § 13-1201 + companion Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1); client received supervised probation in lieu of prison; felony count structured as undesignated under ARS § 13-604 with misdemeanor designation path
Prison time saved	Approximately 2.5 years (730 days) of presumptive prison avoided
Eligibility for set aside	After probation discharge under ARS § 13-905
Eligibility for sealing	Approximately three years after counseling completion on the DUI count and 5 years after probation discharge on the felony 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 supervised 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. Set aside under ARS § 13-905 is eligible after probation discharge. Sealing records under ARS § 13-911 is eligible approximately three years after counseling completion on the DUI count and 5 years after probation discharge on the felony count.

What our clients say

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

Arizona’s Aggravated DUI statute (ARS § 28-1383) carries mandatory prison on conviction with no probation eligibility on the standard counts. Class 4 triggers include a 3rd DUI within 84 months, DUI on a suspended/revoked/restricted license, wrong-way DUI on a divided highway, and DUI in violation of an ignition interlock requirement. Once the State files a Class 4 Aggravated DUI, the default trajectory is presumptive 2.5 years in ADOC.

Endangerment substitution under ARS § 13-1201 is the most common path off the mandatory prison trajectory. When the State agrees to amend the lead charge to Endangerment, the case moves into the probation-eligible range. The undesignated structure under § 13-604 adds the second layer: successful probation completion lets the court designate the felony as a misdemeanor at discharge.

Future First Criminal Law has handled Class 4 Aggravated DUI cases across Maricopa County. We know how MCAO evaluates Endangerment substitution amendments and how to structure the undesignated plea so the long-term record posture stays clean.

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.