An aggravated DUI charge turns a traffic stop into a felony case, with possible prison time and the loss of your license. If you need an aggravated DUI lawyer in Tucson, Grand Canyon Law Group defends drivers facing felony DUI charges, and we never judge you for how the night unfolded. Our approach fits in three words: Defense. Done Right.
As Phoenix criminal defense lawyers with an office in Tucson, we handle felony DUI cases in Pima County Superior Court. You can reach our team 24/7 for a free consultation about the charge and your license.
What Makes a DUI Aggravated in Arizona
A standard DUI is a misdemeanor. Arizona law raises it to a felony aggravated DUI when prosecutors allege at least one aggravating factor in addition to the underlying DUI.
Common aggravating factors include:
- Driving under the influence while your license is suspended, revoked, canceled, or restricted
- A third DUI within 84 months
- Driving under the influence with a passenger under 15
- Driving under the influence while required to use an ignition interlock device
- Driving the wrong way on a highway while under the influence
Nearly every one of these factors makes the case a Class 4 felony. A DUI with a child passenger under 15 is usually charged as a Class 6 felony, which carries lower exposure but still leaves a felony record.
For a free legal consultation with an aggravated dui lawyer serving Tucson, call 480-400-5555
Penalties for an Aggravated DUI Conviction
The penalties go well beyond those for a misdemeanor DUI. For a Class 4 aggravated DUI based on a suspended license or prior convictions, Arizona law requires at least 4 months in prison, even when the court grants probation.
A conviction also brings a one-year license revocation, followed by an ignition interlock requirement once your license is reinstated. You may also face fines and fees, alcohol screening and treatment, and several years of probation.
A felony record can follow you long after your sentence ends. It may affect your job, professional license, housing applications, and your right to possess firearms.
Tucson Aggravated DUI Lawyer Near Me 480-400-5555
How a Tucson Aggravated DUI Lawyer Challenges the Charge
Every aggravated DUI case has two parts: the underlying DUI and the aggravating factor. If the State cannot prove either one, the felony charge may fall apart or drop to a misdemeanor.
We look closely at issues such as:
- Whether the traffic stop was lawful
- Whether breath or blood testing followed proper procedure
- Whether you knew or should have known your license was suspended
- Whether your prior DUI convictions fall inside the 84-month window
- Whether the child passenger was actually under 15
The suspended license factor is often open to challenge. Prosecutors must show you knew or should have known about the suspension, and that usually depends on whether MVD mailed notice to your correct address.
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Challenging the Underlying DUI
The aggravating factor only matters if the State can prove the DUI itself. That means we review the same issues that arise in any DUI case, starting with the reason for the stop.
Field sobriety tests given on uneven ground, breath machines with poor maintenance records, and blood samples drawn or stored improperly can all weaken the State’s proof. Medical conditions and fatigue can also look like impairment on camera.
A criminal defense lawyer in Tucson compares the officer’s report with body camera footage, dispatch logs, and lab records. Gaps between those sources can support a motion to suppress evidence or a stronger position in plea talks.
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When a DUI Involves an Injury
Some DUI arrests follow a crash where someone was hurt. In those cases, prosecutors may file separate aggravated assault charges and treat the vehicle as a dangerous instrument, which can bring far heavier prison exposure.
These cases often depend on proving or disproving causation. We review crash reconstruction, speed data, road conditions, and medical records to test whether impairment actually caused the collision or the injury.
The other driver’s conduct matters too. If the other party ran a light or was speeding, that evidence may undercut the State’s claim that your driving caused the harm.
Your License After an Aggravated DUI Arrest
A felony DUI arrest can start an MVD suspension right away, separate from the court case. You have only a short window to request a hearing to contest it, so check the deadline on the paperwork the officer gave you.
If your case ends in a conviction, the one-year revocation follows. We explain how reinstatement works, how long the interlock requirement may last, and whether you may qualify for any driving privileges along the way.
How Felony DUI Cases Move Through Court
Felony DUI cases in the Tucson area are heard in Pima County Superior Court. After your initial appearance, the State must either take the case to a grand jury or hold a preliminary hearing to show there is enough evidence to proceed.
The case then moves to arraignment, pretrial conferences, and motion hearings. This stage is where we request records, challenge evidence, and negotiate, often long before any trial date is set.
What to Do After Your Arrest
Save every document from the arrest, including release papers, tow receipts, and any license notice. Write down what happened while your memory is fresh, including where you were driving and who was with you.
Do not discuss the case with anyone except your lawyer, and avoid posting about it online. If the court set release conditions, follow them exactly, since a violation can land you back in custody.
Why Choose Grand Canyon Law Group
Our team includes former prosecutors, and attorney Ryan McPhie once served as a senior prosecutor at a Maricopa County DUI justice court. Our attorneys bring more than 100 years of combined experience, and we handle criminal defense only.
You get a full team working on your case, including attorneys, paralegals, and a client relations team. We explain each stage in plain language, in English or Spanish, and we never push you toward a plea or a trial.
We serve drivers across Arizona from offices in Tucson, Phoenix, Mesa, and Gilbert. Free consultations and flexible payment plans help you get a defense started without delay.
Fight the Felony Before It Follows You
An aggravated DUI charge can mean prison time and a felony record, but a charge is not a conviction. An aggravated DUI lawyer in Tucson can attack both the DUI and the aggravating factor, which may lead to a dismissal or a reduction to a misdemeanor.
Our team answers 24/7, and every case starts with a free review. Contact Grand Canyon Law Group today to schedule your free consultation.
Call or text 480-400-5555 or complete a Free Case Evaluation form