The client faced two Class 4 Felony Aggravated DUI charges in Maricopa County. Future First secured a Maricopa Aggravated DUI reduced to a combination of Class 6 Undesignated Felony Endangerment and Class 1 Misdemeanor DUI, avoiding mandatory state prison and preserving the client’s eligibility for record relief in the future.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Aggravated DUI (ARS § 28-1383(A)(1)), Class 4 Felony (two counts) |
| Mandatory exposure | 4-month (120-day) mandatory minimum in state prison per count; no probation eligible; presumptive term 2.5 years; felony conviction with loss of civil and firearm rights |
| Result | Endangerment (ARS § 13-1201(A)), Class 6 Undesignated Felony + DUI (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; 30 days jail (flat); 2 years supervised probation with DUI Court; no state prison; jail costs reduced from $4,838 to $300 |
| Eligibility for set aside | Eligible approximately 2028 (after probation and all court conditions complete, ARS § 13-905) |
| Eligibility for sealing | Eligible approximately 2033 (5 years from non-financial completion, ARS § 13-911; earlier path available if court designates Endangerment to misdemeanor at discharge) |
The stakes
The client faced two Class 4 Felony Aggravated DUI charges at Maricopa County Superior Court. The charges arose from a traffic stop that produced a drug toxicology result showing controlled substances in the client’s system while driving on a suspended license, which is the trigger for the Aggravated DUI statute under ARS § 28-1383(A)(1). The client had a prior DUI conviction, which meant the State had a strong basis for the felony filing.
Class 4 Aggravated DUI carries a mandatory minimum of 4 months (120 days) in state prison with no probation eligible. The presumptive sentence is 2.5 years. With two counts, the potential combined exposure reached 7.5 years. A felony conviction at this level suspends civil rights, including the right to vote, serve on a jury, and hold certain professional licenses. The client also faced license revocation by the Arizona Department of Transportation. Jail incarceration costs in Maricopa County ran $4,838 before any reduction.
What we did
Future First negotiated a Maricopa Aggravated DUI reduced from two Class 4 felony counts to a Class 6 Undesignated Felony Endangerment (ARS § 13-1201(A)) and a Class 1 Misdemeanor DUI (ARS § 28-1381(A)(1)). All original Aggravated DUI felony counts were dismissed. The client received 30 days jail as flat time and 2 years of supervised probation with DUI Court participation — no state prison sentence.
The firm’s deviation argument focused on the client’s background, the nature of the toxicology results, prior engagement with treatment, and circumstances specific to this case. Commissioner Rebecca Rennick accepted the negotiated plea and reduced incarceration costs from $4,838 to $300 at sentencing. The client entered the DUI Court program, which provides a structured path to completing supervision requirements and positions the client to apply for a set aside under ARS § 13-905 once all court conditions are complete.
The Class 6 Undesignated designation preserves a path to further record relief. If the court designates the Endangerment conviction to a misdemeanor at the end of probation, the sealing timeline under ARS § 13-911 shortens. Regardless of designation, the client is no longer facing mandatory state prison time or the permanent felony record that two Class 4 convictions would have produced.
What our clients say
Read what past clients have said about their experience with Future First:
If you are facing Aggravated DUI charges in Arizona
Arizona’s Aggravated DUI statute under ARS § 28-1383 applies when specific aggravating factors are present, most commonly a suspended or revoked license at the time of the stop. The difference between a standard DUI and an Aggravated DUI is the difference between a misdemeanor and a Class 4 felony with mandatory prison. Many clients charged with Aggravated DUI assume they have no options because of the mandatory minimum language. The mandatory minimum applies to the charge as filed, not necessarily to the charge after negotiation.
Felony DUI cases in Maricopa County proceed in Superior Court, where plea negotiations are more complex than at the municipal or justice court level. The State’s willingness to reduce a Class 4 felony depends on case-specific factors: the prior record, the circumstances of the stop, the toxicology results, the defendant’s engagement with treatment, and the argument the defense presents. Firms that handle only misdemeanor DUI work regularly are not in the same position to negotiate these cases as firms that handle felony Superior Court matters as a core practice.
If you are facing Aggravated DUI charges in Arizona, the time to get representation is before the preliminary hearing, not at the day of plea. Early intervention changes the information that reaches the prosecutor before the offer is formalized.
Related resources
Call us
Facing Aggravated DUI charges in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We handle felony DUI cases at Maricopa County Superior Court and across Arizona. A Maricopa Aggravated DUI reduced outcome like this one requires early, detailed preparation and a firm that negotiates these cases regularly.
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.