This page has been carefully crafted, reviewed, and edited by a team of legal professionals in accordance with our detailed editorial standards. The content has been approved by Jeremy Huss, a former prosecutor with extensive experience. The last modified date reflects the most recent review of this page.
An Aggravated DUI Due to an Ignition Interlock Device requirement is a Class 4 Felony in Arizona. ARS 28-1383(A)(4) defines this offense. Indeed, a person who (1) drives or is in actual physical control of a motor vehicle; (2) while impaired or with a blood alcohol content of .08% or greater; (3) and required to equip any vehicle they drive with an ignition interlock device. Indeed, the Arizona Department of Motor Vehicle (DMV) requires installation per ARS 28-3319(D).
Table of Contents
The ignition interlock device is not a complicated device. Specifically, it attaches to the vehicle and requires a person to blow into a connected tube to start the vehicle. Moreover, the ignition interlock device provides periodic prompts while the vehicle’s ignition is on. Indeed, a prompt requires an immediate breath sample, even if the vehicle is in motion.
A conviction under this section carries significant penalties. It is important to consult with and retain an experienced Aggravated DUI attorney if charged or under investigation.
Consequences of Aggravated DUI Ignition Interlock Device
The Arizona legislature determined this Aggravated DUI does not carry a prison sentence as a term of probation. Specifically, three other class 4 Aggravated DUI sections require this for a first-time offender. However, this is not too relevant to ultimate punishment.
Category 1 Offender
Indeed, a Category 1 offender has no prior felony convictions, or none alleged. A person convicted of Aggravated DUI under this section as a Category 1, non-dangerous offender faces the following:
- Eligible for up to 10 years supervised probation; No prison sentence as a term of probation required; Must serve minimum jail requirements for first or second offense DUI.
- If sentenced to prison (no probation), a person faces the following prison range:
Minimum: 1 Year Prison
Presumptive: 2.5 Years Prison
Maximum: 3.75 Years Prison
- Driver’s License Revocation
- Required Installation of Ignition Interlock Device
- Fines, Fees and Surcharges
Category 2 Offender
A person in Category 2 has at least one allegeable prior felony conviction. A person prosecuted for as a Category 2 non-dangerous offender under this section faces the following consequences:
- Not probation eligible; Prison only. Prison ranges:
Minimum: 2.25 Years Prison
Presumptive: 4.5 Years Prison
Maximum: 7.5 Years Prison
- Driver’s License Revocation
- Required Installation of Ignition Interlock Device
- Fines, Fees and Surcharges
Category 3 Offender
A Category 3 offender has at least two allegeable prior felony convictions. A prosecution for Aggravated DUI under this section exposes a Category 3 non-dangerous offender to the following:
- Not probation eligible; Prison only:
Minimum: 6 Years Prison
Presumptive: 10 Years Prison
Maximum: 15 Years Prison
- Driver’s License Revocation
- Required Installation of Ignition Interlock Device
- Fines, Fees and Surcharges
Related DUI Topics
Huss Law, PLLC as Your Aggravated DUI Attorney
Clearly, Arizona prosecutes Aggravated DUI offenses harshly. A first time offender under this section faces mandatory incarceration and up to 10 years supervised probation. Moreover, a person with one prior felony conviction faces significant prison time. And a person with two or more prior felony convictions faces up to 15 years prison after a conviction. This type of prison exposure necessitates consultation and retention of an experienced Arizona Aggravated DUI attorney.
Huss Law, PLLC founding attorney, Jeremy L. Huss, has 20 years’ experience handling Ignition Interlock Device Aggravated DUIs. As a former Arizona prosecutor, Mr. Huss has spent decades in the courtroom as lead trial counsel on misdemeanor and felony DUI cases. Indeed, this experience includes being lead counsel in numerous vehicular crime cases, including vehicular manslaughter and negligent homicide. Further, Mr. Huss has trained law enforcement on DUI investigations and search and seizure. In addition, Mr. Huss has expert knowledge on DUI investigations. He is also knowledgeable on DUI breath test issues and potential issues surrounding blood draws. Moreover, Mr. Huss has significant experience with DUI defenses, including a driver having no actual physical control of a motor vehicle. Any person charged with DUI or Aggravated DUI in Arizona should call Huss Law, PLLC immediately!