Felony DUI in Arizona Explained

What Is a DUI in Arizona?

A DUI in Arizona means driving or being in actual physical control of a motor vehicle while under the influence of drugs or alcohol.

If your blood alcohol content (BAC) is greater than .08% when you are arrested for DUI, you will be charged with a felony or misdemeanor DUI. Similarly, you can be charged with a DUI if you are arrested with any amount of illegal drugs in your system while driving a motor vehicle. You can also be arrested for using prescription drugs if they impair your driving ability.

Arizona DUIs usually take the form of either a regular DUI, extreme DUI, or aggravated DUIs.

What Is a Felony?

A felony crime in Arizona is any crime punishable by a minimum of one year in prison. When a person is convicted of such an offense, they will be held in the custody of the State Department of Corrections for a specified term.

Is a DUI a Felony or Misdemeanor?

In Arizona, DUIs are usually charged as misdemeanor offenses. The confusion usually comes when people see the words “extreme DUI” or “super extreme DUI” in their citations. This may make them believe that they are being charged with a felony.

While extreme and super extreme DUIs may result in more serious charges and penalties than regular DUIs, they remain misdemeanors. Most of the time these terms are usually used to show that someone is driving with a blood alcohol content greater than .15% or .20%.

When Driving While Intoxicated Becomes a Felony

Driving while intoxicated (DWI) and driving under the influence (DUI) are both serious charges that result in severe consequences. While DUIs are, in most instances, charged as misdemeanors they are sometimes charged as felonies in the following circumstances::

1. Aggravated DUI – Driving under the influence of drugs or alcohol will result in a felony charge when aggravating factors exist, such as driving the wrong way, driving with a revoked or suspended license, having multiple DUI/DWI convictions within seven years, If there is a child under the age of 15 in the car or driving drunk without your interlock device installed can result in a felony charge.
2. Aggravated DWI – Driving with a blood alcohol content (BAC) of .08% or higher within two hours of driving while having your license suspended or revoked or a third DUI within seven years will also result in a felony charge. Essentially, this is the same as above. 

The key to a DUI defense in such an instance is to know the differences between the two charges. A DUI charge by itself will not require a breath or blood test as it only deals with suspicion of driving under the influence. However, the police can and will require you to give a blood or breath sample, which you are required to do or else you will automatically lose your license for 1 year. 

For the DWI charge, an aggravating factor is usually required. However, it should be noted that the legal limit of blood alcohol content is usually the figure taken at the time of driving and not at the time when they were actually in control of the car.

Penalties for Felony DUI in Arizona

A felony in Arizona carries harsh penalties. As a first-time offender, a class 4 felony aggravated DUI carries a mandatory minimum four-month prison sentence. Prison is worse than jail and yes, there is a difference.

In addition to some circumstantial punishments, aggravated DUIs are subject to mandatory classes, screening processes, license suspensions, and jail time. These penalties often include:

• The minimum sentence is four months in prison, the maximum sentence is 3.75 years (Class 4 Felony)
• Substance abuse screening and follow-up classes are mandatory with a minimum of 36 classes
• Installation of an ignition interlock device for no less than 2 years, which costs at least $2,000
• Court fines and fees over $4,500
• Driver’s license revocation for 1 year and must reapply to drive again
• Insurance premium increases
• Supervised probationary period with random drug or alcohol testing for 10 years
• The permanent criminal record of a felony conviction
• Loss of civil liberties, such as the right to vote and own a firearm

Additionally, the driver’s license can be completely revoked or a probationary period of up to 10 years can be imposed.

An aggravated DUI conviction can threaten a person’s employment. Several professional licenses carry a mandatory reporting requirement for felony DUI charges, so doctors, lawyers, real estate agents, and government officials may even lose their professional licenses.

Is it Possible to Dismiss Felony DUI or Reduce it to Misdemeanor?

Getting a felony DUI charge reduced or dropped is possible. With the help of an experienced DUI attorney, you may be able to defend yourself against DUI charges and may be able to avoid felony convictions.

Or you could avoid being charged with a criminal offense altogether if you consult an attorney about how to defend yourself before charges are filed after you have been arrested for an aggravated DUI.  A defense attorney can negotiate on your behalf with the prosecutor before charges are brought. As a result, you might be able to avoid felony charges altogether.

If you or your family member has been charged with a DUI, contact Future First Criminal Law today. We have helped many clients charged with DUI and have managed to get them favorable outcomes.