What is an Aggravated DUI? In Arizona, Aggravated Driving Under the Influence (Aggravated DUI) is a felony offense. (see Consequences of a Felony Conviction in this blog) In an Aggravated DUI, the elements of DUI remain the same as for a misdemeanor DUI. (see Driving Under the Influence in Arizona in this blog) To be Aggravated however, the State must prove in addition to the elements of DUI one of the following:
1. The accused person's driver license or privilege to drive was suspended, canceled, revoked, refused, or restricted as a result of a DUI, and the accused knew, or should have known it was suspended, canceled, revoked, refused, or restricted. This offense is a class 4 felony.
2. The accused has two DUI convictions within 7 years. This offense is a class 4 felony.
3. A person under 15 years of age was in the vehicle. This offense is a class 6 felony. (see Consequences of DUI with Kids in the Car in this blog)
Aggravated DUI is a serious charge, with serious consequences and penalties. Arizona Motorists should be aware of the consequences and penalties of Aggravated DUI. (see Consequences of Aggravated DUIin this blog)