Facing a DUI charge in Goodyear can be overwhelming, but when the charge is upgraded to an Aggravated DUI in Goodyear, the consequences become far more severe. At AZ DUI Pros, we understand the complexities of Arizona’s DUI laws and are dedicated to providing a strong defense for our clients. If you or a loved one has been charged with an Aggravated DUI in Goodyear, call AZ DUI Pros today at (602) 922-3755 for a free consultation.
In this article, we’ll explore what makes a DUI charge aggravated, what legal statutes apply, and the serious consequences associated with a conviction. We’ll also provide two hypothetical scenarios to illustrate how a DUI can be upgraded to an Aggravated DUI in Goodyear, and answer some frequently asked questions about these charges.
What Is an Aggravated DUI in Goodyear?
In Arizona, a standard DUI is typically classified as a misdemeanor, but certain circumstances can elevate it to an Aggravated DUI in Goodyear, which is a felony. Under A.R.S. § 28-1383, a DUI charge is considered aggravated if one or more of the following conditions apply:
- The driver has two or more prior DUI convictions within the past seven years.
- The driver’s license was suspended, revoked, or canceled at the time of the DUI.
- The driver had a passenger under the age of 15 in the vehicle.
- The DUI occurred while the driver was ordered to use an ignition interlock device.
- The DUI involved a wrong-way driver on a highway.
Being charged with an Aggravated DUI in Goodyear means you are facing felony-level penalties, which can include mandatory prison time, hefty fines, extended license suspension, and long-term consequences on your criminal record.
Penalties for an Aggravated DUI in Goodyear
Arizona has some of the strictest DUI laws in the country, and an Aggravated DUI in Goodyear carries severe penalties, including:
- Mandatory prison sentence of at least four months for a first offense.
- License revocation for at least one year.
- Hefty fines and fees, often exceeding $4,000.
- Mandatory alcohol education and treatment programs.
- Probation and community service requirements.
- Installation of an ignition interlock device upon license reinstatement.
Because these charges are felonies, they also result in a permanent criminal record, which can negatively impact employment opportunities, housing applications, and firearm rights.
How Prior DUI Convictions Can Lead to an Aggravated DUI in Goodyear
A prior DUI conviction can significantly impact a new DUI case, especially in Arizona, where repeat offenders face harsher penalties. Under A.R.S. § 28-1383(A)(2), anyone charged with a DUI who has two or more prior DUI convictions within the past seven years will automatically face an Aggravated DUI in Goodyear, a Class 4 felony.
1. Arizona’s “Lookback Period” for DUI Convictions
Arizona has a seven-year “lookback period”, meaning that any DUI convictions within the past seven years can be used to enhance new DUI charges. If a driver is arrested for DUI and has two or more prior DUI convictions within this period, their charge will be escalated to an Aggravated DUI in Goodyear, even if the new offense would have otherwise been a misdemeanor DUI.
For example, if a driver was convicted of a DUI in 2017 and again in 2021, and they are arrested for another DUI in 2024, the new charge would be classified as an Aggravated DUI in Goodyear because of their prior convictions within the seven-year window.
2. How Prior Convictions Affect Penalties
A standard first-time DUI in Arizona may result in fines, probation, and a short jail sentence, but once the charge becomes an Aggravated DUI in Goodyear, the penalties increase significantly. These penalties include:
- Mandatory prison time of at least four months
- Longer driver’s license suspension or revocation
- Increased fines and court costs
- Mandatory ignition interlock device installation
- Permanent felony record
Because Arizona has some of the toughest DUI laws in the country, prior offenses carry significant weight in determining whether a DUI charge will be aggravated.
3. Out-of-State DUI Convictions Can Also Lead to an Aggravated DUI
Many drivers don’t realize that DUI convictions from other states can still count toward Arizona’s lookback period. If a driver moves to Arizona after receiving multiple DUIs in another state, those convictions can still be considered when determining if a new offense qualifies as an Aggravated DUI in Goodyear.
For example, if a driver had one DUI conviction in California in 2018 and another in Nevada in 2020, and then they are arrested for a DUI in Arizona in 2025, their new charge may still be classified as an Aggravated DUI in Goodyear under A.R.S. § 28-1383(A)(2).
4. Why Hiring an Attorney is Crucial for Repeat DUI Offenders
If you have prior DUI convictions and are now facing an Aggravated DUI in Goodyear, hiring an experienced DUI defense attorney is critical. Defenses that could be used include:
- Challenging the validity of prior DUI convictions
- Arguing that out-of-state DUI convictions do not meet Arizona’s legal definition of a DUI
- Negotiating a plea deal to avoid a felony conviction
At AZ DUI Pros, we understand the severity of repeat DUI offenses and know how to fight these charges. If you or a loved one is facing an Aggravated DUI in Goodyear, call (602) 922-3755 today for a free consultation.
Hypothetical Scenario 1: Driving with a Suspended License
John, a 35-year-old Goodyear resident, had a prior DUI conviction two years ago. As a result, his driver’s license was suspended, and he was required to install an ignition interlock device in his vehicle. One night, after having a few drinks at a bar, John decided to drive home without his ignition interlock device.
As he drove through Goodyear, he was pulled over for swerving. The officer quickly discovered that his license was still suspended due to his prior DUI, and a breathalyzer test revealed a BAC of 0.10%, above Arizona’s legal limit of 0.08%. Because John was driving with a suspended license, his charge was automatically upgraded to an Aggravated DUI in Goodyear under A.R.S. § 28-1383(A)(1).
John now faces felony charges, mandatory prison time, a one-year license revocation, and thousands of dollars in fines. This scenario highlights how driving with a suspended license during a DUI stop automatically leads to an aggravated charge.
Hypothetical Scenario 2: DUI with a Minor in the Vehicle
Sarah, a 29-year-old mother of two, was driving home with her 10-year-old son in the backseat. Earlier that evening, she attended a friend’s birthday party and had a few glasses of wine. Thinking she felt fine, Sarah decided to drive home.
A Goodyear police officer noticed her speeding and pulled her over. After conducting field sobriety tests, the officer determined that Sarah showed signs of impairment. A breathalyzer confirmed her BAC was 0.09%—just over the legal limit. However, because Sarah had a child under the age of 15 in the vehicle, her misdemeanor DUI charge was automatically upgraded to an Aggravated DUI in Goodyear under A.R.S. § 28-1383(A)(3).
Now, Sarah faces felony charges, possible jail time, license suspension, and additional penalties. This case demonstrates how simply having a child passenger can lead to a felony-level DUI offense.
Common Defenses Against an Aggravated DUI in Goodyear
Being charged with an Aggravated DUI in Goodyear is a serious matter, but it does not automatically mean a conviction is inevitable. Many factors can be challenged in court to fight the charges and potentially have them reduced or dismissed. Hiring an experienced attorney is essential to explore possible defenses that may apply to your case.
1. Challenging the Traffic Stop
One of the most common defenses in an Aggravated DUI in Goodyear case is questioning whether law enforcement had reasonable suspicion to initiate the traffic stop. Police officers must have a legitimate reason to pull someone over, such as speeding, swerving, or running a red light. If the stop was made without probable cause, any evidence obtained—such as breathalyzer results or field sobriety test observations—could be suppressed, weakening the prosecution’s case.
2. Questioning the Accuracy of Breathalyzer and Blood Tests
Chemical tests, such as breathalyzer and blood tests, are often used to determine a driver’s blood alcohol concentration (BAC). However, these tests are not always accurate. Issues that may lead to unreliable test results include:
- Improper calibration of the breathalyzer device
- Errors in blood sample handling or contamination
- Mouth alcohol contamination from recent drinking, medication, or medical conditions
If the results of a breath or blood test are inaccurate, they may be excluded from evidence, making it harder for the prosecution to prove an Aggravated DUI in Goodyear charge.
3. Lack of Proof That the Driver Was Under the Influence
An Aggravated DUI in Goodyear requires proof that the defendant was actually impaired while driving. Field sobriety tests (FSTs), such as walking in a straight line or standing on one leg, are often subjective and can be influenced by medical conditions, fatigue, or even nervousness. If an attorney can argue that the field tests were unfairly administered or that the defendant was not actually impaired, it can be a strong defense.
4. Proving a Violation of the Defendant’s Rights
A violation of the defendant’s constitutional rights can be a significant defense in an Aggravated DUI in Goodyear case. This may include:
- Failure to read Miranda rights before an interrogation
- Illegal searches that led to DUI evidence being obtained improperly
- Denial of legal counsel when requested
If law enforcement violated a defendant’s rights at any stage of the investigation, it could lead to a reduction or dismissal of the charges.
5. Negotiating for a Reduced Charge
Even if the evidence against a defendant is strong, an attorney may still be able to negotiate a plea deal to reduce an Aggravated DUI in Goodyear to a lesser offense, such as a misdemeanor DUI or reckless driving charge. This can lessen the penalties and help the defendant avoid a felony conviction.
Because every Aggravated DUI in Goodyear case is different, working with an experienced legal team can make all the difference in building a strong defense.
Frequently Asked Questions About Aggravated DUI in Goodyear
1. Can I Get an Aggravated DUI in Goodyear for a First-Time Offense?
Yes. If your DUI involves aggravating factors—such as driving on a suspended license or having a minor in the vehicle—it can be classified as an Aggravated DUI in Goodyear, even if it’s your first offense.
2. How Long Will My License Be Suspended for an Aggravated DUI?
An Aggravated DUI in Goodyear results in an automatic one-year license revocation, with no option for a restricted license during that time.
3. Is Jail Time Mandatory for an Aggravated DUI?
Yes. A conviction for an Aggravated DUI in Goodyear comes with a minimum prison sentence of four months, even for a first offense.
4. Can I Fight an Aggravated DUI Charge?
Absolutely. Many defenses exist for an Aggravated DUI in Goodyear, such as challenging the traffic stop, the breathalyzer results, or procedural errors made by law enforcement.
5. How Can AZ DUI Pros Help?
At AZ DUI Pros, we have the experience and dedication to fight your Aggravated DUI in Goodyear charges. Call us today at (602) 922-3755 for a free case evaluation.
Relevant Arizona DUI Statutes
- A.R.S. § 28-1381 – Defines DUI and standard penalties.
- A.R.S. § 28-1382 – Covers Extreme DUI (BAC of 0.15% or higher).
- A.R.S. § 28-1383 – Details what qualifies as an Aggravated DUI in Goodyear and the associated felony penalties.
Conclusion: Call AZ DUI Pros Today
If you’ve been charged with an Aggravated DUI in Goodyear, you need an experienced legal team to defend your rights. At AZ DUI Pros, we know how to fight DUI cases and work tirelessly to reduce or dismiss charges whenever possible. The consequences of an Aggravated DUI in Goodyear are serious, but you don’t have to face them alone.
Call AZ DUI Pros at (602) 922-3755 today for a free consultation. Let our team help you navigate your case and protect your future.
