The client faced two counts of felony Aggravated DUI in Maricopa County Superior Court. Future First reduced the case to a single Class 1 misdemeanor DUI. No prison. No felony conviction. The client kept their civil rights and their firearm rights.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Aggravated DUI, two counts (ARS § 28-1383), Class 6 Felony |
| Exposure | Up to 2 years in prison, a felony conviction, loss of civil and firearm rights, license revocation, and a long ignition interlock requirement |
| Result | Amended to a single Class 1 misdemeanor DUI (ARS § 28-1381(A)(1)), second felony count dismissed, 2 years probation, 1 day of jail satisfied by time served |
| Eligibility for set aside | After probation and all court requirements are complete, approximately 2028 |
| Eligibility for sealing | Approximately 2030, three years after counseling is complete |
The stakes
The client was charged in Maricopa County Superior Court with two counts of Aggravated DUI under ARS § 28-1383. Because a passenger under fifteen was in the vehicle, Arizona law elevated the DUI to a Class 6 felony. A felony Aggravated DUI is a different animal than a misdemeanor DUI. It carries up to 2 years in prison, a permanent felony record, the loss of the right to vote and the right to possess a firearm, a driver license revocation rather than a suspension, and a long ignition interlock requirement.
A felony conviction would have followed this client for life. It would surface on every background check, block firearm possession, and close doors on employment and housing. The case started in the felony system, and the State filed it as two felony counts.
What we did
Future First built the case for treating this as a misdemeanor, not a felony. The firm worked the discovery, filed a sentencing memorandum and a deviation request, and gathered support material that showed the client taking responsibility and addressing the underlying issue. The firm completed the alcohol screening early and put a full mitigation package in front of the prosecutor and the court.
The State amended the lead count from felony Aggravated DUI down to a Class 1 misdemeanor DUI under ARS § 28-1381(A)(1) and dismissed the second felony count along with the sentencing allegations. The client received 2 years of supervised probation and 1 day of jail that was satisfied by time already served, so there was no new jail. The client paid about $1,950 in fines and costs and accepted an ignition interlock requirement. The felony exposure went away. No prison, no felony record, and the client kept their civil and firearm rights.
What our clients say
Read verified reviews from Future First Criminal Law clients on our client reviews page and on our Google profile.
If you are facing an Aggravated DUI in Arizona
An Aggravated DUI is a felony. Driving under the influence with a passenger under fifteen, driving on a suspended or revoked license, or a third DUI within seven years can each turn a DUI into a felony charge under ARS § 28-1383. The consequences jump from jail and fines to prison, a felony record, and the loss of core civil rights.
The most valuable result in many felony DUI cases is keeping the conviction off the felony tier entirely. Reducing a felony Aggravated DUI to a misdemeanor DUI protects the right to vote, the right to a firearm, and the ability to answer no on the felony question. That outcome takes early mitigation work and a defense lawyer who handles felony DUI cases in the Superior Court.
Related resources
Call us
Facing an Aggravated DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We fight to keep felony DUI charges off our clients’ records.
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.