A felony Aggravated DUI stacked with a felony Aggravated Assault on a Peace Officer alleging the vehicle as a dangerous instrument carried mandatory prison and would have ended a teaching career. Future First eliminated both felony counts and resolved the case as a single Super Extreme DUI misdemeanor.
At a glance
| Court | Scottsdale City Court (after felony elimination) |
| Original charges | Aggravated DUI (ARS § 28-1383), Class 4 Felony; Aggravated Assault on a Peace Officer (ARS § 13-1204), Class 5 Felony with Dangerous designation |
| Presumptive exposure | Class 3 or higher prison range; dangerous-felony designation triggering mandatory prison if the assault count held; permanent felony record; immigration risk; loss of civil rights; career-ending conviction for a teacher; Class 4 Agg DUI adds 4-month mandatory jail floor and lifetime IID |
| Result | Both felony counts eliminated; case resolved as single Super Extreme DUI under ARS § 28-1382(A)(2), Class 1 Misdemeanor; 3 days in custody plus 11 days home detention (Super Extreme statutory floor); 36 hours DUI counseling; IID installed; standard DUI fines |
| Teaching career | Preserved (no felony record) |
| Eligibility for set aside | After sentence completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after the one-year judge-ordered IID ends |
The stakes
The client faced a felony Aggravated DUI together with a felony Aggravated Assault on a Peace Officer count premised on the vehicle being used as a dangerous instrument. The assault count alone, if it held with a dangerous-instrument allegation, triggered Arizona’s dangerous-felony sentencing structure with mandatory prison time. The DUI felony added a 4-month mandatory jail floor and lifetime IID. As a teacher, any felony conviction ended the professional career immediately.
What we did
Future First negotiated the case down to a single Super Extreme DUI under ARS § 28-1382(A)(2), a Class 1 Misdemeanor, and the State eliminated both felony counts. The client served 3 days in custody plus 11 days home detention (Super Extreme statutory floor), completed 36 hours of DUI counseling, installed IID, and paid the standard DUI fines. No felony record. Teaching credential preserved. Set aside under ARS § 13-905 available after sentence completion. Sealing records under ARS § 13-911 eligible approximately 2028, three years after the one-year judge-ordered IID ends.
What our clients say
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If you’re facing stacked felony Aggravated DUI + Officer Assault in Arizona
Aggravated Assault on a Peace Officer charges premised on a vehicle being used as a “dangerous instrument” trigger Arizona’s dangerous-felony sentencing structure under ARS § 13-704. Mandatory prison applies on conviction, with no probation eligibility. Stacked with a Class 4 Aggravated DUI, the combined exposure is severe enough to end careers in regulated industries like teaching, healthcare, and professional licensing.
Eliminating both felony counts on a stacked case is rare. It requires defense work that surfaces real proof problems on the officer-assault element (was the vehicle used as a dangerous instrument with the requisite intent?) and the Aggravated DUI element (which specific (A) subsection triggered the felony status). When the State’s case has gaps on both fronts, the negotiation can pull the entire matter out of MCSC and back down to municipal court as a single misdemeanor DUI.
Future First Criminal Law has handled felony Aggravated DUI + officer-assault stacks across Maricopa County. We know how MCAO evaluates the dangerous-instrument theory, how to challenge the felony status of the lead DUI, and how to position the case so the State agrees to eliminate the felony counts entirely.
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
- Arizona criminal defense — full overview of how we handle felony and misdemeanor charges
Call us
Facing stacked felony charges in Arizona that could end your career? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of felony cases across Arizona. The earlier we are involved, the more options you have for eliminating felony counts and protecting your profession.
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 and Aggravated Assault law, visit the Arizona State Legislature website.