Aggravated DUI Lawyer Scottsdale

Driving under the influence (DUI) charges in Arizona are taken very seriously—but aggravated DUI takes that seriousness to an entirely different level. If you’re facing aggravated DUI charges in Scottsdale, you could be looking at felony charges, extended prison time, a long-term license suspension, and thousands in fines. That’s why you need a Skilled Aggravated DUI Lawyer in Scottsdale—someone who doesn’t just react, but plans strategically.

At Attorney Josh, we provide Strong Defense and Strong Results. Led by Joshua A. Lopez, Esq., our firm serves clients throughout Scottsdale and Phoenix, delivering smart strategies and legal tactics that consistently lead to better outcomes.

Let’s explore what aggravated DUI means under Arizona law, the penalties, defenses, and how an experienced criminal defense attorney can help you fight the charges.

What Is an Aggravated DUI in Arizona?

In Arizona, most DUI offenses are classified as misdemeanors. However, under specific circumstances, a DUI can be elevated to a felony, known as an Aggravated DUI (A.R.S. § 28-1383). Here are the most common reasons this charge applies:

1. Driving Under the Influence With a Suspended License

If you are caught driving under the influence while your license is suspended, revoked, or canceled, the DUI becomes an aggravated offense.

2. Third DUI Offense Within 84 Months

If this is your third DUI in seven years, the law considers you a repeat offender. This escalates the charge to aggravated DUI.

3. DUI With a Child Passenger

Driving under the influence with a child under the age of 15 in the car is also classified as aggravated DUI—even if it’s your first offense.

4. Driving With a Court-Ordered Ignition Interlock Device

If you are required to have an ignition interlock device (IID) and you’re arrested for DUI while driving a vehicle without one, it’s considered an aggravated DUI.

Penalties for Aggravated DUI in Scottsdale

Because aggravated DUI is a felony, the penalties are significantly harsher than for a standard DUI. These penalties can include:

• Minimum 4 months in prison (for first-time aggravated DUI)
• Up to 2 years in prison for more serious circumstances
• Mandatory license revocation for 1 year

• Ignition interlock device installation (after license reinstatement)
• Alcohol treatment programs

• Hefty fines—often exceeding $4,500
• Felony conviction on your permanent record

This kind of conviction can have lasting consequences beyond the courtroom. It can affect your career, ability to drive, gun ownership rights, and even your right to vote in some cases.

Why You Need an Aggravated DUI Lawyer in Scottsdale

Being charged with an aggravated DUI is not something you should attempt to fight on your own. The stakes are too high, and the legal process too complex. You need a lawyer who understands:

• The intricacies of DUI laws in Arizona

• How to strategically challenge the prosecution’s evidence
• How to negotiate favorable outcomes, including reduced charges or alternative sentencing

At Attorney Josh, we don’t just provide generic defense. We take the time to understand the specifics of your situation and tailor a strategy that gives you the best possible chance at avoiding harsh penalties.

Common Defense Strategies for Aggravated DUI Charges

As your Scottsdale aggravated DUI lawyer, Attorney Josh may use a number of smart legal defenses to challenge the charges:

1. Challenging the Traffic Stop

Was there probable cause for the officer to pull you over? If not, the entire case may be dismissed.

2. Questioning the Validity of BAC Testing

Breathalyzers and blood tests can be faulty. We analyze whether your test results were accurate, whether the device was properly calibrated, and if procedures were followed.

3. No Actual Physical Control

If you were not actively driving or had pulled over to rest, it could be argued that you were not in “actual physical control” of the vehicle.

4. Mistaken Identity or Insufficient Evidence

In some cases, video evidence or witness statements can show that you were not impaired or that someone else was operating the vehicle.

5. Negotiating for a Plea Reduction

In cases where dismissal is unlikely, we work to reduce the charge to a lesser offense such as a misdemeanor DUI or reckless driving.

The Arizona Felony DUI Process: What to Expect

If you’ve been arrested for an aggravated DUI in Scottsdale, here’s a quick overview of what the process typically looks like:

1. Arrest & Booking – You’ll be taken into custody and booked.
2. Initial Appearance – A judge will set bond and release conditions.
3. Preliminary Hearing or Grand Jury Indictment – The state presents its case to establish probable cause.
4. Arraignment – You enter a plea: guilty, not guilty, or no contest.
5. Pretrial Conferences & Motions – Attorney Josh will examine evidence, file legal motions, and possibly negotiate a resolution.
6. Trial or Plea Deal – If no deal is reached, your case goes to trial.

Our firm prepares every case like it’s going to trial—even if we end up negotiating a favorable plea. This preparation is part of our Smart Defense, Strong Results approach.

Aggravated DUI and Your Future: What’s at Stake

A felony conviction has effects that ripple across every aspect of your life:

• Employment: Many jobs require background checks. A felony DUI can make you ineligible for positions requiring security clearance, driving, or public trust.
• Housing: Some landlords reject applications from felons.
• Immigration: If you’re not a U.S. citizen, an aggravated DUI could lead to deportation.
• Professional Licenses: If you’re a nurse, teacher, lawyer, or in any licensed profession, you may face disciplinary action.

This is why having an experienced aggravated DUI lawyer in Scottsdale is not just beneficial—it’s critical.

Why Choose Attorney Josh?

There are many lawyers in Arizona, but not all are equal. Here’s what sets Attorney Josh apart:

Strategic Defense

We don’t just react—we plan. Every case is analyzed from every angle using tactics that anticipate prosecution moves.

Proven Results

Dismissals. Reduced charges. Alternative sentencing. We’ve helped many clients avoid life-changing consequences.

Personalized Attention

At Attorney Josh, you work directly with Joshua A. Lopez, Esq., not a junior associate. You get real communication and real strategy.

Local Knowledge

As a Scottsdale and Phoenix criminal defense attorney, Josh has built relationships in local courts and understands the nuances of how different judges and prosecutors operate.

Aggressive When It Counts

We’re not afraid to push back hard when the situation demands it—but we also know when smart negotiation gets better results.

How We Can Help

If you’ve been charged with aggravated DUI in Scottsdale, you’re not alone—and you don’t have to face this uphill battle without the right help.

At Attorney Josh, we’ve built our reputation by crafting smart defenses and delivering strong results. Our clients come to us when their future is on the line—because they know we take that responsibility seriously.

Let us review your case, explain your legal options, and guide you through the process with confidence and clarity.

Reach out today for a free consultation. The sooner you act, the more we can do to protect your rights and your future.