A Class 4 Felony Aggravated DUI at Maricopa County Superior Court carried mandatory prison under ARS § 28-1383(D) with a presumptive 2.5 years and a permanent C4 felony record. Future First reduced the case two felony classes to an undesignated F6 Endangerment plus a DUI misdemeanor, with jail costs cut by $3,000.
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 two felony classes down to an undesignated Class 6 Felony Endangerment (ARS § 13-1201) plus a Class 1 Misdemeanor DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)); 2 years standard probation; 21 days jail; IID; MADD VIP; approximately $2,015 in fines; judge reduced jail costs from $3,500 to $500 (a $3,000 reduction); $20 monthly probation service fee; no prison |
| Eligibility for designation to misdemeanor | Approximately 2026 under ARS § 13-604, after 50 percent of probation completion, converting the Endangerment felony to a Class 1 Misdemeanor on the record |
| Eligibility for set aside | 2027 after probation completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2029 under ARS § 13-911, three years after IID removal |
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 two felony classes from a Class 4 Felony Aggravated DUI to an undesignated Class 6 Felony Endangerment under ARS § 13-1201 plus a Class 1 Misdemeanor DUI Slightest Degree under ARS § 28-1381(A)(1). The client received 2 years standard probation, 21 days jail, an IID, MADD VIP, and approximately $2,015 in fines, with the judge reducing jail costs from $3,500 to $500 (a $3,000 reduction) and reducing the monthly probation service fee to $20. No prison. Designate to Misdemeanor under ARS § 13-604 on the Endangerment count eligible approximately 2026, after 50 percent of probation completion. Set aside under ARS § 13-905 available 2027 after probation completion. Arrest record sealing under ARS § 13-911 eligible approximately 2029, three years after IID removal.
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If you’re facing a Class 4 Felony Aggravated DUI in Arizona
F4 Aggravated DUI under ARS § 28-1383 is the felony tier of DUI in Arizona, triggered by aggravators like driving on a suspended or revoked license, third DUI within 84 months, or a passenger under 15 at the time of the DUI. The statute carries a mandatory 4-month prison floor under ARS § 28-1383(D) with no probation eligibility, parole, work furlough, or release until that minimum is served. Standard outcomes on a contested F4 Aggravated DUI are measured in years of prison time.
Reducing the lead F4 Aggravated DUI to a Class 6 Felony Endangerment plus a C1M DUI is the standard defense outcome on a plea structure. Endangerment under ARS § 13-1201 is the recognized substitute charge that captures the reckless-conduct element without the felony-DUI mandatory prison floor. The reduction unlocks probation eligibility, eliminates the federal firearm prohibition floor at sentencing pending DTM, and moves the case from mandatory-prison territory into probation territory.
The $3,000 reduction in jail costs at sentencing is a judge-discretion item that defense counsel can request when the client demonstrates financial hardship or other mitigating circumstances. Most clients do not know jail costs are negotiable. They are.
Future First Criminal Law has handled F4 Aggravated DUI plea-down cases across Maricopa County and Arizona. We know how Maricopa County Superior Court evaluates Endangerment substitutions and judge-discretion items at sentencing.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Arizona criminal defense — felony defense strategy and process
- Set aside and sealing in Arizona — how to clean up your record after a felony
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.