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


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

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