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A multi-count indictment stacking three Aggravated DUI counts, a Class 4 felony narcotic cocaine count, and a prior felony allegation could have produced multi-year prison exposure on every count. Future First narrowed the case down to a single Class 1 Misdemeanor DUI plea with no felony conviction.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Three counts of Aggravated DUI (ARS § 28-1383 combined with ARS § 28-1381(A)(1)/(A)(2)/(A)(3)); Possession of Narcotic Drugs – Cocaine (ARS § 13-3408(A)(1)), Class 4 Felony; allegation of prior felony conviction |
| Presumptive exposure | Multi-year prison range on every felony count; fines up to $150,000 plus 78% surcharge per count; mandatory 24-month judge-ordered ignition interlock on Aggravated DUI; license revocation; MADD; alcohol screening and counseling; permanent felony record with lifetime collateral consequences; prior felony allegation pushing the case toward repetitive sentencing |
| Result | State amended lead charge down from felony Aggravated DUI to Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1); plea to misdemeanor DUI only; 1 day jail (served same day), 2 years supervised probation, ignition interlock, substance abuse treatment, MADD victim impact panel |
| Eligibility for set aside | After probation discharge in January 2025 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after probation discharge |
The stakes
The client faced a multi-count indictment at Maricopa County Superior Court including three counts of Aggravated DUI under ARS § 28-1383, a Class 4 felony narcotic drug count for cocaine possession under ARS § 13-3408(A)(1), and a prior felony allegation. The Aggravated DUI counts and the cocaine count both carried multi-year prison exposure on conviction. The prior felony allegation pushed the case toward repetitive sentencing, where exposure increases dramatically. Combined exposure included fines up to $150,000 plus surcharges per count, a mandatory 24-month judge-ordered ignition interlock on Aggravated DUI, license revocation, MADD victim impact panel, alcohol screening and counseling, and a permanent felony record with lifetime collateral consequences.
What we did
After Future First negotiated the plea, the State amended the lead charge down from felony Aggravated DUI to a Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1). The client pled to the misdemeanor DUI only. The court imposed 1 day jail (served same day), 2 years supervised probation, ignition interlock, substance abuse treatment, and MADD victim impact panel.
The firm pulled the case out of the felony tier entirely, saving the client a permanent felony record. Set aside under ARS § 13-905 is eligible after probation discharge in January 2025. Sealing records under ARS § 13-911 is eligible approximately 2028, three years after probation discharge.
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If you’re facing a multi-count felony indictment in Arizona
Multi-count felony indictments stack charges from a single incident or multiple incidents into one filing. When the State combines Aggravated DUI counts, felony drug counts, and a prior felony allegation, the cumulative exposure can reach a decade or more of prison time. Each count carries its own sentencing range, and the prior felony allegation pushes the case into the repetitive range under ARS § 13-703 with significantly higher presumptive terms.
Negotiating an indictment of this scale down to a single misdemeanor DUI plea is rare. It requires defense work that identifies real proof problems across multiple counts, sustained engagement with the prosecutor over months, and the right factual fit (the underlying conduct was at the low end of the statutory ranges, no aggravators present, mitigating factors documented). When the State agrees, the conviction sits on the record as a misdemeanor DUI only.
Future First Criminal Law has handled multi-count felony indictments across Maricopa County. We know how MCAO evaluates complex plea negotiations, how to position a case for charge reductions across multiple counts, and how to keep a client off the felony record even when the State stacks heavy charges.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Aggravated DUI defense — what to expect when the State files at the felony level
- Arizona criminal defense — full overview of how we handle felony and misdemeanor charges
Call us
Facing a multi-count felony indictment in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of felony cases across Arizona. The earlier we are involved, the more options you have for charge reductions across multiple counts.
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 Aggravated DUI law, visit the Arizona State Legislature website.