A Class 5 Felony Unlawful Flight from a Pursuing Law Enforcement Vehicle at Maricopa County Superior Court carried a presumptive 1.5-year prison term plus a stacked Class 1 Misdemeanor DUI count. Future First reduced the felony to an undesignated F6 Endangerment with no upfront jail and no prison.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Unlawful Flight from Pursuing Law Enforcement Vehicle (ARS § 28-622.01), Class 5 Felony; DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanor |
| Presumptive exposure | Presumptive 1.5-year prison term under ARS § 13-702 with a range from 9 months to 2 years for first-time felony offenders, a permanent C5 felony record, loss of civil rights including voting and firearm ownership, federal firearm prohibition for life, mandatory MVD action, and a permanent felony bar on most employment, housing, and professional licensing. The DUI count added independent C1M exposure stacked on top including jail, fines, IID, license consequences, and a permanent DUI conviction |
| Result | State amended lead charge from F5 Unlawful Flight to an undesignated Class 6 Felony Endangerment under ARS § 13-1201 (Count 1), DUI count retained as a Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1) (Count 2); 2 years supervised probation; no upfront jail; credit for 2 days time served; alcohol screening and counseling; MADD VIP; IID; approximately $1,530 in fines and assessments; $15 monthly probation service fee; no prison |
| Eligibility for designation to misdemeanor | Approximately 2026 under ARS § 13-604 on the Endangerment count, after 50 percent of probation completion |
| Eligibility for set aside | 2027 after probation completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2029 under ARS § 13-911, three years after IID removal |
The stakes
The client faced a Class 5 Felony Unlawful Flight from a Pursuing Law Enforcement Vehicle charge under ARS § 28-622.01 plus a Class 1 Misdemeanor DUI count in Maricopa County Superior Court. A C5 felony conviction would have meant a presumptive 1.5-year prison term under ARS § 13-702 with a range from 9 months to 2 years for a first-time felony offender, a permanent C5 felony record, loss of civil rights including voting and firearm ownership, federal firearm prohibition for life, mandatory MVD action, and a permanent felony bar that surfaces on every employment, housing, professional licensing, and immigration screen. The DUI count added independent C1M exposure stacked on top.
What we did
Future First negotiated the case down one felony class from a Class 5 Felony Unlawful Flight to an undesignated Class 6 Felony Endangerment under ARS § 13-1201 (Count 1) plus a Class 1 Misdemeanor DUI Slightest Degree under ARS § 28-1381(A)(1) (Count 2). The client received 2 years supervised probation, no upfront jail time, credit for 2 days time served, alcohol screening and counseling, MADD VIP, an IID, approximately $1,530 in fines and assessments, and a $15 monthly probation service fee. No prison. Designate to Misdemeanor under ARS § 13-604 on the Endangerment count eligible approximately 2026. Set aside under ARS § 13-905 available 2027 after probation completion. Arrest record sealing under ARS § 13-911 eligible approximately 2029.
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If you’re facing F5 Unlawful Flight in Arizona
Unlawful Flight from a Pursuing Law Enforcement Vehicle under ARS § 28-622.01 is a Class 5 Felony triggered when a driver willfully flees or attempts to elude a law enforcement officer after a visual or audible signal to stop. The statute is most commonly charged alongside DUI when an impaired driver fails to pull over for a stop. The Class 5 designation places the offense above standard DUI in felony class but below the Aggravated DUI tier.
Substituting an undesignated Class 6 Felony Endangerment for the F5 lead charge produces a multi-step downgrade. The felony class drops from 5 to 6, the offense moves to undesignated status which preserves the path to designation as a misdemeanor under § 13-604, and the offense category shifts from “flight from law enforcement” to “endangerment” which carries lower long-tail employment and licensing impact.
The no-upfront-jail outcome is the strongest sentencing structure available on an F5 plea. Most F5 plea offers require some custody time. Credit for 2 days time served at booking covers the statutory minimum without additional jail at sentencing.
Future First Criminal Law has handled F5 Unlawful Flight cases with companion DUI counts across Maricopa County and Arizona. We know how Maricopa County Superior Court evaluates Endangerment substitutions for flight-from-law-enforcement charges.
Related resources
- Arizona criminal defense — felony defense strategy and process
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Set aside and sealing in Arizona — how to clean up your record after a felony
Call us
Facing F5 Unlawful Flight in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona felony cases. The earlier we are involved, the more options you have.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona criminal law, visit the Arizona State Legislature website.