8. What penalties do I face for an Aggravated Felony DUI charge (driving on suspended license) in Arizona *with no prior felony convictions?

If you have been charged with an Aggravated Felony DUI charge (driving on suspended license) in Arizona *with no prior felony convictions, you face the following range of penalties:

Since an Aggravated DUI is a felony, the first thing you need to know is that for any felony offense, the court may sentence you to probation (with up to one year jail as a term of probation), or prison, plus up to $100,000 in fines plus an 84% surcharge. The length of probation depends upon the nature of the charge and level of felony. Similarly, the length of prison depends upon the nature of the charge and level of felony. It’s important to note that if you have any prior felony convictions on your record, you are not eligible for probation. An Aggravated DUI (driving on suspended license) is a class 4 felony. A class 4 felony offense with no prior felony convictions carries a possible prison term of 1 to 3.75 years prison. The presumptive term is 2.5 years prison and a possible probation term of up to 10 years.

By law, the statutory minimum sentence the court shall impose for a first offense Aggravated Felony DUI (driving on suspended license) *with no prior felony convictions includes: 4 months in the Department of Corrections, a $250 DUI fine, a $750 fine plus surcharge, a $1500 prison fund fee, a $1500 public safety fund fee, a $20 time payment fee, and a $13 assessment fee. Additional fees may be imposed by individual courts. Additional fines may include: a counseling assessment fee, blood kit reimbursement fee and or probation fee. In addition, license suspension is required by law for a minimum period of one year for alcohol related DUI’s and one year for drug related DUI’s. You will be required to install an interlock ignition device on your vehicle for alcohol related offenses.

*Home detention may be available in certain courts for eligible defendants only. 20% of jail term must be served before home detention is available.

FAQ - DUI Charges in Arizona