ARS 28-1383 is one of Arizona’s most stringent DUI laws, targeting drivers who repeatedly violate DUI statutes or commit DUI offenses under particularly dangerous circumstances. This statute primarily applies to individuals who meet specific aggravating conditions, such as repeated DUI offenses, driving under the influence while on a suspended license, or committing DUI violations with minors in the vehicle.

Arizona is well known for its zero-tolerance approach to DUI cases, and ARS 28-1383 reinforces the state’s tough stance on impaired driving. Unlike standard DUI charges, which can be misdemeanors, a violation of ARS 28-1383 is automatically classified as a felony, which carries life-changing legal and personal consequences. These include mandatory jail time, steep fines, license revocation, and the potential for a permanent criminal record.

If you or someone you know is facing an ARS 28-1383 charge, it is critical to understand your rights, legal options, and potential defenses. This guide will break down everything you need to know about this law, including its key elements, penalties, defense strategies, and real-life implications.

Breaking Down the Elements of ARS 28-1383

A DUI charge escalates to an aggravated DUI under ARS 28-1383 if one or more of the following aggravating factors are present:

1. Third DUI Offense Within 84 Months

One of the most common ways a DUI charge turns into an aggravated DUI is when a driver has received three DUI convictions within a seven-year period (84 months). Arizona law considers repeat DUI offenders to be a major public safety risk, and as a result, enhanced penalties apply.

Example Scenario:

• A driver receives their first DUI conviction in 2016 and a second in 2019.
• If they are caught driving under the influence again in 2023, their charge is automatically classified as an aggravated DUI under ARS 28-1383.

Implications:

• A third DUI offense within 84 months results in a Class 4 felony conviction.
• This comes with harsh legal penalties, including mandatory prison time.
• The conviction will lead to increased insurance rates, employment difficulties, and other collateral consequences.
• Habitual offenders may be required to undergo intensive rehabilitation programs as part of sentencing.

2. DUI While Driving on a Suspended, Revoked, or Canceled License

Another major aggravating factor under ARS 28-1383 occurs when an individual operates a vehicle under the influence while their driver’s license is suspended, revoked, or otherwise restricted.

Example Scenario:

• A driver’s license was suspended due to previous DUI convictions or unpaid fines.
• Despite the suspension, they continue to drive and are caught while under the influence.

Implications:

• Courts treat this as an intentional disregard for the law.
• The charge escalates to a felony with severe repercussions, including additional license revocation and mandatory jail time.
• Offenders may face longer supervised probation periods and more intensive alcohol education programs.
• Repeated offenses may permanently disqualify individuals from obtaining a driver’s license in Arizona.

3. DUI While Transporting a Minor Under 15

If a driver is found operating a vehicle under the influence with a passenger under the age of 15, they can be charged under ARS 28-1383. Arizona law prioritizes child safety, making this one of the most severe DUI-related offenses.

Example Scenario:

• A parent or guardian drives home intoxicated after a social event, with a child in the backseat.
• Even if there was no reckless driving or accident, the mere presence of a minor escalates the DUI charge to a felony.

Implications:

• Mandatory prison time and hefty fines.
• Additional child endangerment charges could apply, further complicating the legal situation.
• Convicted individuals may face severe social stigma and child protective services (CPS) investigations.
• Future custody rights may be jeopardized, particularly in family court cases.

4. DUI While Ordered to Have an Ignition Interlock Device (IID)

If a person is legally required to have an Ignition Interlock Device (IID) due to a previous DUI conviction and is caught driving under the influence without using the IID, they will face an aggravated DUI charge.

Example Scenario:

• A driver was previously convicted of DUI and required to use an IID.
• They drive another vehicle without an IID or attempt to disable the device.

Implications:

• Courts consider this a deliberate violation of DUI sentencing requirements.
• The offense is classified as a felony under ARS 28-1383.
• Judges often impose extended probation periods or longer IID requirements.
• Insurance premiums may increase significantly, and offenders may find it difficult to obtain future driving privileges.

5. DUI While Driving the Wrong Way on a Highway

A less common but highly dangerous violation under ARS 28-1383 is wrong-way driving while under the influence. This is considered extremely reckless and is treated as an aggravated DUI offense.

Example Scenario:

• A driver, under the influence, mistakenly enters a freeway exit ramp and begins driving against traffic.
• Even if no accident occurs, law enforcement will classify this as an aggravated DUI.

Implications:

• This charge carries some of the harshest penalties, including lengthy prison sentences.
• Courts aim to deter reckless endangerment of other motorists.
• Convicted offenders often lose their driving privileges for extended periods.
• If an accident or injury occurs, additional felony charges such as vehicular assault or manslaughter may be filed.
• Individuals convicted of wrong-way DUI may face mandatory participation in victim impact panels and extensive community service requirements.

Penalties for Violating ARS 28-1383

A conviction under ARS 28-1383 carries strict penalties, including mandatory prison time, extensive fines, and long-term restrictions on driving privileges.

1. Mandatory Prison Time

One of the harshest aspects of an ARS 28-1383 conviction is the requirement for mandatory prison time. Arizona does not allow judges to issue probation-only sentences for aggravated DUI offenses. Instead, those convicted must serve time in state prison, even if it is their first felony offense.

• Class 4 felony:
  • Minimum 4 months in state prison.
  • Can be extended to up to 3.75 years, depending on additional aggravating factors.
• Class 6 felony (DUI with a minor under 15):
  • Sentencing ranges from 4 months to 2.5 years in state prison.
• Multiple aggravating factors:
  • Sentences increase significantly if there are multiple aggravating factors, such as high blood alcohol concentration (BAC), prior convictions, or causing an accident while intoxicated.

2. Severe Fines and Legal Fees

Being convicted under ARS 28-1383 results in substantial financial burdens, which extend beyond court fines to include administrative costs, legal fees, and expenses related to mandatory rehabilitation programs.

• Minimum fines: At least $4,000, but fines can increase based on the severity of the offense.
• Court and legal fees: Additional attorney fees, court costs, and penalties.
• DUI education and rehabilitation costs: Mandatory alcohol screening, education, and treatment programs.
• Ignition Interlock Device (IID) expenses:
  • Installation fees range from $100 to $200.
  • Monthly maintenance costs range from $70 to $150.
  • Removal fees may also apply.

3. License Revocation

A felony DUI conviction under ARS 28-1383 leads to an automatic revocation of the offender’s driver’s license.

• Minimum revocation period: 1 year.
• Reinstatement process: To regain driving privileges, individuals must complete all court-ordered alcohol education and treatment programs.
• SR-22 insurance requirement: Convicted drivers must obtain high-risk SR-22 insurance, which significantly increases insurance premiums for several years.

4. Ignition Interlock Device (IID) Requirement

After serving their sentence and regaining driving privileges, convicted individuals must install an Ignition Interlock Device (IID) in their vehicle.

• Mandatory duration: Up to 2 years, depending on the offense.
• Costs:
  • The convicted individual must pay for installation and ongoing maintenance.
  • Failing IID tests can result in additional penalties and possible license suspension extensions.

5. Permanent Criminal Record

A conviction under ARS 28-1383 results in a permanent felony record, which can severely affect multiple aspects of life:

• Employment: Many employers conduct background checks, and a felony conviction can disqualify individuals from certain jobs.
• Housing: Landlords and property management companies often deny housing applications for individuals with felony records.
• Firearm ownership: Felons lose their right to possess firearms under federal law.
• Travel restrictions: Some countries, such as Canada, bar entry to individuals with felony DUI convictions.

Seeking Legal Representation is Critical

Given the serious nature of an ARS 28-1383 charge, the most important step you can take is to hire an experienced DUI defense attorney as soon as possible. A skilled attorney can examine the details of your case and explore various legal strategies, including:

• Challenging the legality of the traffic stop: If law enforcement lacked probable cause to pull you over, any evidence obtained may be suppressed in court.
• Disputing BAC (Blood Alcohol Concentration) test accuracy: Breathalyzer and blood test results can sometimes be inaccurate due to improper calibration or procedural errors.
• Examining police procedures: If officers failed to follow protocol during your arrest, your attorney may have grounds to challenge the validity of the charges.
• Negotiating plea deals: In some cases, attorneys can negotiate reduced charges or alternative sentencing options, such as rehabilitation programs instead of jail time.

Taking Proactive Steps to Protect Your Future

If you are facing ARS 28-1383 charges, taking proactive measures can significantly impact your case’s outcome. Here’s what you should do:

1. Seek Legal Counsel Immediately – The sooner you consult a DUI attorney, the more time they will have to build a strong defense strategy.
2. Gather Evidence – Keep track of any evidence related to your case, including dashcam footage, witness statements, and medical records.
3. Comply with Court Orders – Failing to comply with legal requirements, such as court appearances or alcohol education classes, can worsen your case.
4. Consider Alcohol Treatment Programs – Voluntarily enrolling in a DUI or alcohol rehabilitation program can demonstrate to the court that you are taking responsibility for your actions.
5. Maintain a Clean Record – Avoid any further legal trouble, as repeat offenses can result in harsher sentencing.

Final Thoughts: Don’t Take an ARS 28-1383 Charge Lightly

If you or a loved one is facing ARS 28-1383 charges, it is critical to understand the severity of the situation. Aggravated DUI convictions in Arizona carry severe legal consequences that can impact your future indefinitely.

The best course of action is to seek experienced legal representation immediately. A skilled DUI attorney can explore potential defense strategies, such as challenging the legality of the traffic stop, disputing BAC test accuracy, or negotiating plea deals to reduce the severity of the charges.

The bottom line? Don’t take an ARS 28-1383 charge lightly. Educate yourself, take proactive legal steps, and protect your future.