A Class 4 Felony Aggravated DUI at Maricopa County Superior Court carried mandatory prison and a permanent C4 felony record. Future First reduced the case to a plea structure where both counts were designated Class 1 Misdemeanors at sentencing, leaving no felony record on either count and full civil rights preserved.

At a glance

Court Maricopa County Superior Court
Original charge Aggravated Driving Under the Influence (ARS § 28-1383), Class 4 Felony
Presumptive exposure Mandatory prison under ARS § 28-1383(D) with a minimum 4-month prison term, presumptive 2.5 years, range up to 3.75 years for first-time felony offenders, a permanent C4 felony record, loss of civil rights including voting and firearm ownership, federal firearm prohibition for life, mandatory MVD license revocation, IID requirement, and a permanent felony bar that surfaces on every employment, housing, professional licensing, and immigration screen
Result State amended lead charge to Endangerment with the court designating the offense as a Class 1 Misdemeanor at sentencing under ARS § 13-604 (Count 1), plus a Class 1 Misdemeanor DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1) (Count 5); 3 years supervised probation; 15 days jail served immediately at sentencing; substance abuse treatment; MADD VIP; approximately $1,822 in fines and incarceration costs; $30 monthly probation service fee reduced; no prison; no felony record on either count; civil rights and firearm rights preserved
Eligibility for set aside 2028 after probation completion under ARS § 13-905
Eligibility for sealing Approximately 2031 under ARS § 13-911, three years after sentence completion

The stakes

The client faced a Class 4 Felony Aggravated DUI charge under ARS § 28-1383 in Maricopa County Superior Court. A C4 Aggravated DUI conviction carries mandatory prison under ARS § 28-1383(D) with a minimum 4-month prison term, presumptive 2.5 years, and a range up to 3.75 years for a first-time felony offender. The conviction also carries a permanent C4 felony record, loss of civil rights including voting and firearm ownership, federal firearm prohibition for life, mandatory MVD license revocation, IID requirement, and a permanent felony bar that surfaces on every employment, housing, professional licensing, and immigration screen.

What we did

Future First negotiated the case down by getting both plea counts designated as Class 1 Misdemeanors at sentencing under ARS § 13-604: Count 1 amended to Endangerment under ARS § 13-1201 designated as a misdemeanor, and Count 5 a Class 1 Misdemeanor DUI Slightest Degree under ARS § 28-1381(A)(1). The client received 3 years supervised probation, 15 days jail served immediately at sentencing, substance abuse treatment, MADD VIP, and approximately $1,822 in fines and incarceration costs with the monthly probation service fee reduced to $30. No prison. No felony record on either count. Civil rights and firearm rights preserved. Set aside under ARS § 13-905 available 2028. Arrest record sealing under ARS § 13-911 eligible approximately 2031.

What the client said

I found Future First on google and I’m glad I contacted them and hired them to represent me on my case. My attorney was professional and pleasant and put me at ease through the difficulties of going through my court appearances. I would recommend to anyone seeking representation to not hesitate and call this firm. I received a more favorable outcome than I expected. Again my attorney was caring and forthright with me throughout the entire process.

— Verified Google review

If you’re facing a Class 4 Felony Aggravated DUI in Arizona

The strongest possible outcome on a felony Aggravated DUI plea is getting the felony designated as a misdemeanor AT sentencing rather than later through a designate-to-misdemeanor petition. Under ARS § 13-604, the court can designate an undesignated felony as a misdemeanor at the time of sentencing instead of waiting for probation completion. When the court designates at sentencing, the conviction enters the record as a misdemeanor from day one, no felony stripe ever attaches, civil rights are preserved throughout the probation period, and federal firearm rights are preserved.

The designate-at-sentencing structure on a felony Aggravated DUI case requires defense work on multiple fronts. The State has to agree to a plea that leaves the felony undesignated and reachable by § 13-604. The court has to be willing to exercise the § 13-604(B) authority at sentencing. The client has to present strong mitigation evidence supporting the designation. When all three line up, the defendant emerges from a felony prosecution with no felony record, no civil rights loss, and no federal firearm prohibition.

Future First Criminal Law has handled F4 Aggravated DUI plea-down cases with designate-at-sentencing outcomes across Maricopa County and Arizona. We know how Maricopa County Superior Court evaluates § 13-604 designation requests at sentencing.

Related resources

Call us

Facing a felony Aggravated DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona felony DUI cases. The earlier we are involved, the more options you have.


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.