A Class 6 felony Aggravated DUI charge with a companion count at Maricopa County Superior Court carried prison exposure, lifetime IID, loss of civil rights, and a permanent felony record. Future First eliminated the felony entirely with a plea to misdemeanor DUI and dismissal of the companion count.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Aggravated DUI (ARS § 28-1383), Class 6 Felony; DUI (ARS § 28-1381), Class 1 Misdemeanor (companion count) |
| Presumptive exposure | F6 Aggravated DUI carries presumptive prison, permanent felony record, lifetime ignition interlock, loss of civil rights including voting and firearm rights while under sentence, immigration consequences; companion count added separate exposure on top of the felony |
| Result | State amended Aggravated DUI from Class 6 Felony down to Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1); companion count dismissed; 2 days jail with credit for 1 day already served (1 day actual); 2 years supervised probation; 12-month IID; jail fees capped at $300; no felony record; civil rights preserved |
| Prison time avoided | Approximately 912 days (full F6 presumptive range) |
| Eligibility for set aside | After probation completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after IID removal |
The stakes
The client faced Aggravated DUI as a Class 6 Felony in Maricopa County Superior Court along with a companion count. F6 Aggravated DUI carries prison exposure, a permanent felony record, lifetime ignition interlock on every vehicle the client drove, loss of voting and firearm rights while serving the sentence, and serious immigration and licensing consequences. The companion count added separate exposure on top of the felony.
What we did
Future First negotiated the case down on two fronts. Future First negotiated the Aggravated DUI from a Class 6 Felony to a Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1), eliminating the felony record entirely. Future First also secured dismissal of the companion count.
The client served 1 day jail (2 days imposed with credit for 1), 2 years supervised probation, 12-month IID, jail fees capped at $300. Set aside under ARS § 13-905 available after probation completion. Sealing records under ARS § 13-911 eligible approximately 2028, three years after IID removal.
What our clients say
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If you’re facing a Class 6 Aggravated DUI in Arizona
Arizona’s Aggravated DUI statute (ARS § 28-1383) elevates a DUI to felony level based on specific aggravating factors: third DUI within 84 months, suspended/revoked license, passenger under 15, wrong-way driving, or IID violation. The Class 6 felony tier carries lower exposure than Class 4 versions but still produces a permanent felony record with lifetime collateral consequences. The lifetime IID requirement under § 28-3473 attaches to any felony DUI conviction.
Reducing a Class 6 Aggravated DUI to a Class 1 Misdemeanor DUI under § 28-1381(A)(1) eliminates the felony record entirely. The case moves out of MCSC for sentencing in many practical respects, and the conviction sits as a misdemeanor DUI rather than a felony. The lifetime IID requirement under the felony statute doesn’t attach to misdemeanor DUI convictions; standard 12-month MVD or court-ordered IID applies instead.
Future First Criminal Law has handled Class 6 Aggravated DUI cases across Maricopa County. We know how MCAO evaluates amendments down to misdemeanor DUI and how to structure the plea so the felony record never attaches.
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 DUI conviction
Call us
Facing a Class 6 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 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.