Arizona separates misdemeanor DUI from aggravated felony DUI based on injury severity and prior convictions. Most injured-party cases trigger aggravated charges under A.R.S. §28-1383, which blocks restricted driving privileges during the first 90 days and requires ignition interlock for the full revocation period.
When Does a DUI With Injury Become Aggravated in Arizona?
Arizona classifies DUI causing injury as aggravated DUI under A.R.S. §28-1383(A)(2) when serious physical injury or death occurs while the driver is impaired. Serious physical injury means an injury creating a reasonable risk of death, permanent disfigurement, or protracted loss or impairment of any body organ or limb. A broken bone requiring surgery, significant head trauma, or internal injuries typically meet this threshold. A minor cut or bruise does not.
The BAC level does not determine whether the charge is aggravated—injury severity does. A driver with a BAC of 0.09 who causes serious injury faces the same aggravated felony charge as a driver at 0.18. The distinction matters because aggravated DUI carries a Class 4 felony classification, mandatory prison time, and a three-year license revocation rather than the 90-day suspension applied to first-offense misdemeanor DUI.
Arizona also upgrades a DUI to aggravated status under A.R.S. §28-1383(A)(1) if the driver commits a third DUI within 84 months, or under §28-1383(A)(3) if driving on a suspended, revoked, or restricted license. These pathways do not require injury but carry the same revocation period and ignition interlock mandate.
What Happens to Your License After an Aggravated DUI With Injury?
Arizona Motor Vehicle Division revokes your license for three years following an aggravated DUI conviction under A.R.S. §28-1385(F). This is a revocation, not a suspension—your license is canceled entirely, and you must reapply after the revocation period ends. During the first 90 days, no restricted driving privileges are available. You cannot drive at all, even with ignition interlock installed.
After the 90-day hard revocation, you may apply for a Restricted Driver License if you meet specific conditions: proof of enrollment in an alcohol screening and treatment program, SR-22 certificate of insurance, ignition interlock device installed on any vehicle you operate, and payment of reinstatement fees. The restricted license allows driving only for work, school, medical appointments, and court-ordered treatment—routes and hours are defined by MVD or the court.
The ignition interlock requirement lasts the full three years for aggravated DUI cases. Arizona A.R.S. §28-3319 mandates certified IID vendors and compliance reports submitted to MVD. If you fail a rolling retest, tamper with the device, or drive a non-equipped vehicle, MVD extends the interlock period and may revoke your restricted license immediately.
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Can You Get a Restricted License During the First 90 Days?
No. Arizona law imposes a mandatory 90-day hard revocation for aggravated DUI under A.R.S. §28-1385(F), during which no driving privileges are available under any circumstances. This hard period applies regardless of employment status, family needs, or hardship arguments. Courts cannot waive it, and MVD has no administrative pathway to shorten it.
This differs from Arizona's first-offense misdemeanor DUI pathway, which allows a restricted license after 30 days under the Admin Per Se suspension framework. Aggravated DUI cases do not follow Admin Per Se rules—they follow the three-year revocation statute, which frontloads the absolute prohibition.
Drivers often assume that installing ignition interlock immediately will allow earlier restricted privileges. It does not. The 90-day period starts from the conviction date, not the arrest date or the date you install IID. The earliest you can apply for a restricted license is day 91, provided you have completed alcohol screening, obtained SR-22 insurance, and installed ignition interlock on every vehicle you intend to operate.
What Does the Restricted License Allow After Day 90?
Arizona's Restricted Driver License for aggravated DUI cases permits driving only for employment, school, medical care, and court-ordered treatment. Routes and time windows are specified in your MVD authorization or court order. Driving outside these parameters—including detours, personal errands, or social trips—violates the restriction and triggers immediate revocation.
You must carry proof of your restricted license, SR-22 certificate, and IID installation at all times. Employers may request documentation confirming your restricted status; MVD provides a printed authorization showing approved purposes and hours. Some employers reject restricted licenses for positions requiring commercial driving, fleet vehicles, or liability coverage the employer cannot obtain for a restricted driver.
Violating any restriction term restarts the revocation period. Arizona does not treat violations as minor infractions—MVD revokes the restricted license and imposes a new three-year revocation from the violation date. This is separate from any criminal charges for driving on a revoked license under A.R.S. §28-3473, a Class 1 misdemeanor carrying jail time and additional fines.
How Much Does Ignition Interlock Cost for Three Years?
Ignition interlock installation costs $150–$250 for certified Arizona vendors. Monthly monitoring and calibration fees run $75–$100 per month. Over the three-year IID requirement for aggravated DUI, total interlock costs typically reach $2,850–$3,850. This does not include the initial restricted license application fee, SR-22 insurance premium increases, or reinstatement fees.
Arizona requires monthly calibration appointments at certified service centers. Missing an appointment flags a compliance violation and extends your IID requirement. Service centers charge separately for failed rolling retests, lockout resets, and violation downloads submitted to MVD. Each violation adds $50–$100 in administrative fees on top of the underlying penalty.
SR-22 insurance for aggravated DUI drivers typically costs $140–$220 per month in Arizona, approximately double the state average for clean-record drivers. The SR-22 filing itself costs $25–$50, but the premium increase over the three-year filing period adds $3,360–$7,920 to total cost. Arizona does not permit non-owner SR-22 policies to satisfy the restricted license requirement if you own a vehicle—MVD requires coverage on the vehicle you drive.
What If You Don't Own a Vehicle After the Conviction?
If you sold your vehicle, had it impounded and forfeited, or never owned one, Arizona still requires SR-22 insurance and ignition interlock to obtain a restricted license. You must either purchase a vehicle and install IID on it, or arrange to drive only vehicles already equipped with ignition interlock devices owned by someone else willing to grant you access.
Non-owner SR-22 policies exist but do not satisfy Arizona's restricted license requirements for aggravated DUI cases. A.R.S. §28-3319 requires ignition interlock on every vehicle the restricted driver operates. Non-owner policies insure the driver, not a specific vehicle, so there is no vehicle on which to install IID. MVD denies restricted license applications that submit non-owner SR-22 certificates for aggravated DUI revocations.
Some drivers arrange employment with companies that operate IID-equipped fleet vehicles, allowing them to meet the interlock requirement without personal vehicle ownership. This requires employer cooperation, proof of employment, and MVD approval showing the fleet vehicle is equipped and monitored. Most employers decline this arrangement due to liability exposure.
When Can You Apply for Full License Reinstatement?
Full reinstatement eligibility begins three years from the aggravated DUI conviction date under A.R.S. §28-1385(F). You must complete the ignition interlock requirement, finish all court-ordered alcohol treatment programs, pay all outstanding fines and fees, and submit proof of SR-22 insurance continuously maintained for the full three years. Arizona MVD does not reinstate automatically—you must apply and pay the $50 DUI revocation reinstatement fee.
If you violated your restricted license terms, drove without interlock, or failed to maintain SR-22 insurance at any point during the three years, the revocation period resets. Arizona does not prorate compliance—one lapse restarts the clock. Most drivers facing aggravated DUI revocations remain on restricted status for four to five years due to compliance violations, not the underlying three-year statute.
Arizona requires retesting (written and road) for drivers whose revocation exceeded one year. Aggravated DUI revocations always exceed one year, so you will retake both exams. The written test covers Arizona traffic law and DUI-related statutes. The road test uses the same standards applied to new drivers. Failing either test delays reinstatement until you pass.
