 A lot of people ask me, what is an aggravated DUI in Arizona? There's several ways to get an aggravated DUI. The lowest level felony aggravated DUI is a classic felony for having a child in the car who's 15 years of age or under. What does this mean? Well, you stop for DUI and you have your kids in the car. If you're stopped and charged with that, the penalty for that can be whatever the misdemeanor penalty for the DUI would be, except you also might have to do supervised felony probation and have a felony on your record. If you are charged with a DUI for having a child in the car, it's very important to hire a lawyer to get that knocked down to just an outright misdemeanor. That way you're not tagged with the felony record. Now, what are the other types of aggravated DUI? Well, there's a DUI because you have a third offense within seven years. That means you have two prior DUIs and now here's your third one all within a seven year span. Or you have a DUI while your license is restricted, revoked, canceled, or suspended. Basically what happens is you have a prior DUI and they suspended you for a period, let's say a year, and you get a new DUI. Or you have a prior DUI and they required you to put an interlock device or breath testing device on your steering wheel and you blow into that to start your car. What happens is a lot of people have, drive a car that doesn't have the interlock device and they get stopped for DUI, or they have somebody else blow into the interlock device in their DUI, or they simply blow into it while they're below an 02 and then the alcohol absorbs in their body and eventually they're above the legal limit and they get stopped. What are the penalties for aggravated DUI other than when you have a child in the car? On a standard aggravated DUI class four felony first offense, you're looking at four months in prison, day for day time, not jail but prison. If you have a prior aggravated DUI, it is lifetime-allegable. What that means is now you are looking at three to six years. Now it actually can be higher than that but this is the standard range with four and a half is the presumptive term in prison. If you have two prior aggravated DUIs in your lifetime, even if it was 20 years ago and 15 years ago and you get a new aggravated DUI, you're now looking at six to 15 years in prison, 10 years is the presumptive. Normally on those the prosecutor will offer you six years at the low end. So they're very serious charges even if it's four months in prison you do not want to have an aggravated DUI. If this is you give us a call.