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 two felony classes to an undesignated F6 Endangerment plus a Class 1 Misdemeanor DUI with no prison and surcharges waived.
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) (Count 1) plus a Class 1 Misdemeanor DUI Liquor/Drugs/Vapors/Combo (ARS § 28-1381(A)(1)) (Count 2); 3 years supervised probation on both counts; 30 days jail with credit for 4 days served; IID; $30 monthly probation fee; surcharges on fines waived with $10 monthly payments; incarceration costs reduced to $150; no prison |
| Eligibility for designation to misdemeanor | Approximately 2027 under ARS § 13-604 on the Endangerment count, after 50 percent of probation completion |
| 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 if Endangerment is designated to misdemeanor |
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 (Count 1) plus a Class 1 Misdemeanor DUI Liquor/Drugs/Vapors/Combo under ARS § 28-1381(A)(1) (Count 2). The client received 3 years supervised probation on both counts, 30 days jail with credit for 4 days already served, an IID, a $30 monthly probation fee, surcharges on fines waived with monthly payments set to $10, and incarceration costs reduced to $150. No prison. Designate to Misdemeanor under ARS § 13-604 on the Endangerment count eligible approximately 2027. Set aside under ARS § 13-905 available 2028. Arrest record sealing under ARS § 13-911 eligible approximately 2031.
What our clients say
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If you’re facing a Class 4 Felony Aggravated DUI in Arizona
Surcharge waivers on fines are an often-overlooked mitigation tool at felony DUI sentencing. Arizona surcharges run roughly 80 percent on top of base fines and assessments and can add thousands of dollars to a fine package. The court has discretion to waive surcharges and adjust monthly payment amounts to fit the client’s financial circumstances. Defense counsel presenting a sentencing memorandum that documents the financial picture can secure surcharge waivers that bring the out-of-pocket cost down significantly.
The Endangerment substitution under ARS § 13-1201 is the standard felony-DUI plea-down structure in Maricopa County. The lead F4 Aggravated DUI charge gets reduced two classes down to a Class 6 Endangerment count, the felony is left undesignated which preserves the path to designation as a misdemeanor under § 13-604, and a parallel Class 1 Misdemeanor DUI count captures the underlying impaired-driving conduct.
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 surcharge-waiver requests.
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.