The client faced two Class 4 felony Aggravated DUI counts in Maricopa County. A Maricopa Aggravated DUI reduced to an undesignated Endangerment count and a Class 1 misdemeanor DUI kept the client out of prison and off the felony track.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Two counts of Aggravated DUI (ARS § 28-1383(A)(1)), Class 4 Felony |
| Presumptive exposure | 2.5 years in prison, with a mandatory four months in prison before any probation |
| Result | Plea to undesignated Endangerment (ARS § 13-1201(A)(1)) and Class 1 misdemeanor DUI (ARS § 28-1381(A)(1)), remaining counts dismissed |
| Sentence | 3 years supervised probation, 30 days jail, ignition interlock, jail costs reduced to $300 |
| Eligibility for set aside | Eligible after probation and all terms complete, approximately 2029 |
| Eligibility for sealing | Eligible approximately 2031 |
The stakes
The client was charged in Maricopa County Superior Court with two counts of Aggravated DUI under ARS § 28-1383(A)(1). The DUI rose to a felony because the client was driving on a license that was suspended or revoked at the time. That single fact turned a misdemeanor DUI into a Class 4 felony.
A Class 4 felony Aggravated DUI carries a presumptive 2.5 years in prison. The law also blocks probation until the client serves not less than four months in prison. On top of that came a permanent felony record, the loss of the right to vote and the right to possess a firearm, a driver license revocation, and a long ignition interlock requirement. A felony conviction would have followed the client for life and surfaced on every background check.
What we did
Future First built the case for treating this as a probation matter, not a prison matter. The firm worked the discovery, completed the alcohol screening early, filed a sentencing memorandum, and put a full mitigation package in front of the prosecutor and the court.
The State amended both felony counts. The client pled to one count of Endangerment under ARS § 13-1201(A)(1), left undesignated so it can later drop to a misdemeanor, and one Class 1 misdemeanor DUI under ARS § 28-1381(A)(1). The remaining charges were dismissed.
The court imposed 3 years of supervised probation and 30 days in jail. The client accepted an ignition interlock device and substance abuse treatment, and paid about $1,850 in fines and fees on a payment plan. The court reduced the jail incarceration cost to $300. No prison, and the felony count was left undesignated so the client has a path to a clean misdemeanor record.
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If you’re facing an Aggravated DUI in Arizona
Aggravated DUI is one of the few DUI charges Arizona treats as a felony. You can be charged with Aggravated DUI for driving under the influence on a suspended or revoked license, for a third DUI inside 84 months, or for a DUI with a child under fifteen in the car. A conviction means prison time, a permanent felony record, and the loss of civil and firearm rights.
The charge is serious, but the path is rarely fixed. Many Aggravated DUI cases turn on the reason the license was suspended, the notice the driver actually received, and the strength of the stop and the testing. Those are the points that move a felony down to a misdemeanor.
A Maricopa Aggravated DUI reduced to a misdemeanor structure is the difference between prison and probation, and between a lifetime felony and a record that can be cleared. The work happens early, in the mitigation and the negotiation, long before any trial date.
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Call us
Facing an Aggravated DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We defend felony and misdemeanor DUI cases across Maricopa County and know how to take a charge off the felony track.
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 DUI law, visit the Arizona State Legislature website.