Aggravating Factors When Charged With A DUI In Arizona

In Arizona, when someone is charged with a DUI, certain aggravating factors can lead to harsher penalties and sentencing. The legal limit allowed for driving a vehicle in the state of Arizona is with a Blood Alcohol Content (BAC) below 0.08%. Anyone caught driving with a BAC of 0.08% or higher will be arrested and convicted for the crime. However, judges and prosecutors will usually see and weigh any mitigating or aggravating factors to determine the sentencing.

Mitigating Factors In DUI Cases

The presence of any mitigating factors help reduce the punishment because they may justify or explain why the driver acted in the way he or she did. These factors may be used as an excuse to explain the bad behavior and can help reduce the penalties. For example, if the person was driving under a lawfully prescribed medication, or the driver had a clean prior record and barely cracked the 0.08% limit, then the court may show mercy. Moreover, if the driver voluntarily completes a substance abuse program, the court may be inclined to apply a minimum sentence.

Aggravating Factors In DUI Cases

In case if there are any aggravating factors present, then the prosecutors and courts may not provide a lenient sentence. Some of the common aggravating factors in Arizona are:

  • when a driver is caught driving on a suspended license or revoked license
  • when a driver is caught driving under the influence with two prior DUIs in 7 years
  • when a child under the age of 15 years is present in the vehicle with a drunk driver
  • when a driver drives recklessly or is excessively speeding while driving under the influence
  • when a driver causes serious bodily injury or harm to another person
  • when a driver is driving with an extremely high blood alcohol concentration

State laws usually require stiffer sentencing for higher-profile DUI arrests. These aggravating factors will elevate a misdemeanor DUI to a felony DUI. Public pressure and pressure from lobbying groups like MADD (Mothers Against Drunk Driving) are other reasons for harsher penalties when aggravating factors are present.

Get Help From A DUI Defense Attorney

Today, it is very difficult to simply sweep a terrible DUI accident off someone’s record. It requires professional legal counsel and help from a qualified DUI defense attorney to have the charges reduced or dismissed. It is even more important to get help from an attorney when arrested for a DUI with aggravating factors. That’s because once convicted of a DUI with aggravating factors, also called Extreme DUI, the penalties are much more severe which can affect you for a much longer period of time than a typical DUI in Arizona.

Contact the law office of Brian D. Sloan at 480-900-0384 or 602-900-0384 for a Free Initial Consultation. Attorney Sloan is a skilled DUI defense attorney who will evaluate all the evidence, including field sobriety and chemical tests, to ensure that your legal rights are protected.

Call me today for an
‘In Depth’ Free Consultation

Brian Douglas Sloan


Why Attorney Brian Douglas Sloan?
Phoenix DUI Lawyer

Why Attorney Brian Douglas Sloan?


18+ Years SOLELY Focused on DUI Defense


4,100+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career focused on DUI Defense representation, having personally defended more than 4,100+ DUI clients in the past 18+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, then I can comfortably say: "I’m not the one for you".

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive", or "will fight for you", are a dime a dozen. They use these phrases because that is what they think people want to hear. The truth of the matter is, being "aggressive" rarely gets the client anywhere in these court systems. Being "aggressive" isn’t the same as being good, and is often used to put on a show for a client to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the lawyers that claim to do DUI Defense... and Criminal Cases..., and Accident cases..., and Divorces. A Jack-of-all-Trades is a master of none. By handling all different sorts of cases, they take away from their ability to truly focus on DUIs, and keep up to date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense, at an exceptional price.

I am one of only a handful of Arizona DUI Lawyers that focuses solely on DUI Defense representation.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I produce DUI Legal Guides used by defense lawyers across Arizona.

I am one of the most award-winning DUI Defense Lawyers in Arizona; have been recognized nationally, including in a 2022 issue of USA Today; and there are only a few lawyers in Arizona who have personally defended more DUI cases than I have. I am also one of the most reasonably-priced DUI Lawyers, as I pride myself on charging a Flat Rate only for the legal services you need, and not for the legal services you don’t.

I am also the lawyer who people call once they realize that their original lawyer screwed something up, gave them false hope or false promises, or simply just took their money and didn’t do much on the case. You would be surprised at how often this happens.

Save yourself the trouble of hiring the wrong lawyer, and hire the right DUI Defense Lawyer from the start.

You can reach me on my personal cell phone: 480-720-7839.

Let me know if you have any questions!

Brian Douglas Sloan

DUI Attorney

Free Initial

Email address:
2 N. Central Ave Suite 1929
Phoenix, AZ 85004