A Class 4 Felony Aggravated DUI Wrong Way Driving plus a companion F6 Endangerment count at Maricopa County Superior Court carried a presumptive 2.5-year prison term plus a stacked Endangerment felony. Future First held the sentence at 6 months DOC and got the Endangerment count dismissed with community supervision waived entirely.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Aggravated Driving Under the Influence Wrong Way Driving (ARS § 28-1383(A)(4)), Class 4 Felony; Endangerment (ARS § 13-1201), Class 6 Felony |
| Presumptive exposure | Mandatory prison under ARS § 28-1383(D) with a 4-month minimum where no probation, parole, work furlough, or release applies until 4 months served, presumptive 2.5-year prison term, range up to 3.75 years for first-time felony offenders, a permanent C4 felony record, loss of civil rights, federal firearm prohibition for life, mandatory MVD license revocation, IID requirement, mandatory community supervision under ARS § 13-603, and a permanent felony bar; the companion Endangerment count added another felony stripe with its own presumptive 1-year prison term |
| Result | State dismissed the Class 6 Felony Endangerment count; client pled to F4 Aggravated DUI Wrong Way alone with 6 months DOC plus credit for 2 days served (well below the presumptive 2.5-year prison term and the 3.75-year aggravated maximum); community supervision waived entirely; 3 years supervised probation upon release; approximately $4,656 in fines and fees plus a $30 monthly probation service fee |
| Eligibility for set aside | 2029 after probation completion under ARS § 13-905 (subject to F4 Aggravated DUI exclusions) |
| Eligibility for sealing | Approximately 2034 under ARS § 13-911, five years after sentence completion under F4 retention |
The stakes
The client faced a Class 4 Felony Aggravated DUI Wrong Way Driving charge under ARS § 28-1383(A)(4) plus a companion Class 6 Felony Endangerment count under ARS § 13-1201 in Maricopa County Superior Court. A C4 Aggravated DUI Wrong Way conviction carries mandatory prison under ARS § 28-1383(D) with a 4-month minimum that cannot be reduced by probation, parole, work furlough, or any other release mechanism. The presumptive term is 2.5 years and the aggravated range runs to 3.75 years for a first-time felony offender. The conviction carries a permanent C4 felony record, loss of civil rights, federal firearm prohibition for life, mandatory MVD license revocation, IID requirement, mandatory community supervision under ARS § 13-603, and a permanent felony bar that surfaces on every employment, housing, professional licensing, and immigration screen. The Endangerment count added another felony stripe with its own presumptive 1-year prison term.
What we did
Future First negotiated the case by getting the Class 6 Felony Endangerment count dismissed and holding the Class 4 Felony Aggravated DUI Wrong Way sentence at 6 months DOC with credit for 2 days served, well below the presumptive 2.5-year prison term and the 3.75-year aggravated maximum. Community supervision under ARS § 13-603 was waived entirely, an unusual concession on an F4 Aggravated DUI plea. The client received 3 years supervised probation upon release and paid approximately $4,656 in fines and fees on a payment plan plus a $30 monthly probation service fee. Set aside under ARS § 13-905 available 2029 after probation completion subject to F4 Aggravated DUI exclusions. Arrest record sealing under ARS § 13-911 eligible approximately 2034, five years after sentence completion under F4 retention.
What our clients say
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If you’re facing F4 Aggravated DUI Wrong Way in Arizona
Aggravated DUI Wrong Way Driving under ARS § 28-1383(A)(4) is the most aggravated subsection of felony DUI in Arizona. The wrong-way driving aggravator was added by the legislature to address a specific pattern of dangerous-driving DUI cases. The statute carries the strictest mandatory minimum of any DUI subsection: 4 months in prison with no release mechanisms whatsoever available during that period.
Holding the sentence at 6 months DOC instead of the 2.5-year presumptive is an extraordinary outcome on an F4 Wrong Way case. The 6-month sentence is just 2 months above the statutory minimum. Most F4 Wrong Way plea offers come in at or above the presumptive 2.5 years.
Waiving community supervision under ARS § 13-603 is rarer still. Community supervision attaches automatically to most prison-eligible felony sentences in Arizona and adds time to the back end of the sentence. Getting the court to waive community supervision entirely cuts the total custody-and-supervision footprint of the sentence significantly.
Dismissal of the companion F6 Endangerment count cleans up the record going into sentencing. The dismissed count cannot be refiled and does not appear on the conviction record.
Future First Criminal Law has handled F4 Aggravated DUI Wrong Way cases across Maricopa County and Arizona. We know how Maricopa County Superior Court evaluates sentencing-mitigation requests on cases with the highest mandatory-prison floors.
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 F4 Aggravated DUI Wrong Way 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.