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Difference Between A Misdemeanor And Aggravated DUI Charge In Arizona

When it comes to Driving Under the Influence, Arizona has the strictest DUI laws in the country. A DUI charge in Arizona could either be a Misdemeanor or an Aggravated DUI charge. The differences between these two DUI charges are given below:

Misdemeanor DUI In Arizona

A Misdemeanor DUI charge in Arizona carries penalties like fines and jail time. Although these penalties are not as severe as in the case of an Aggravated DUI or Felony DUI, they need to be taken very seriously.

Misdemeanor charges in Arizona can fall under any of these four categories:

  • First DUI Offense
  • Second DUI Offense
  • First Extreme DUI offense
  • Second Extreme DUI offense

A First DUI offense and a Second DUI offense are both misdemeanor crimes. A person can be convicted of these if their blood alcohol level at the time of testing is between 0.08% and 0.15%. They can face 10 days in jail for a first offense and 90 days in jail for a second offense.

A BAC level above 0.15% is considered an Extreme DUI case and carries a sentence of 30 days in jail for the first DUI, and 120 days in jail for the second offense.

Other penalties include a fine between $750 – $2,000, license suspension of 90 days to 1 year, counseling or attending an alcohol treatment program, installation of an ignition interlock device, and probation for up to 5 years.

Aggravated DUI In Arizona

An Aggravated DUI charge or a Felony DUI will carry heavier fines and penalties, and longer prison times if the charges are not reduced.

A misdemeanor DUI may be escalated into a felony DUI for any of these three reasons:

  • The person was arrested for a DUI while they were driving on a suspended or revoked license. (Class 3 Felony)
  • It is their third DUI arrest within 7 years, with two prior DUI convictions. (Class 3 Felony)
  • They had a passenger 15 years of age or less in the vehicle when they were arrested for a DUI. (Class 6 Felony)

Depending on the felony class, the sentencing and penalties for a felony DUI can be serious. If convicted for a DUI in Arizona, these penalties are mandatory, and are given below:

  • Prison sentences between 4 months to 2.5 years
  • Suspension or revocation of the driver’s license for 3 years
  • Installation of an Ignition Interlock Device (IID)
  • Paying for installation of IID
  • Fines up to $150,000
  • Prison assessment fee of $1500
  • Probation fees
  • Drug and Alcohol Treatment
  • Be on supervised probation

It is important to get in touch with an experienced DUI defense attorney to increase your chances of building a strong defense in a DUI case. That will help you reduce the severe penalties associated with a DUI charge in Arizona.

Call the Law Offices of Brian D. Sloan at 480-900-0384 or 602-900-0384 to discuss how your case can be defended and the best way your case can proceed.

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ 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


brian sloan on the cover of attorney at law magazine

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

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

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 it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all 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. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

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

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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