Is a DUI a Felony in Arizona?
In Arizona, most DUIs are misdemeanors, but certain circumstances elevate the charge to a felony. However, it becomes a felony if it’s a third offense within seven years, involves driving with a suspended license, driving on the wrong side of the road, or occurs with a child under 15 in the vehicle.
A DUI is a serious charge that remains on your record if you are convicted. Felony DUI convictions carry much harsher penalties than misdemeanors and may include mandatory prison time, hefty fines, and long-term license suspension.
What Is a Felony DUI Charge
Driving under the influence (DUI) is dangerous and can lead to serious legal consequences. According to A.R.S. 28-1382, a person with a BAC of 0.15 or higher within two hours of driving may face enhanced DUI penalties.
Most DUI charges are classified as misdemeanors, but there are times when they may be considered felony offenses, or aggravated DUI, instead. According to A.R.S. § 28-1383, certain actions automatically increase to a felony offense. Punishments for these offenses typically include prison time, fines, and other necessary measures. Below are DUI charges Arizona deems a felony.
Driving Restrictions
Drinking and driving with a suspended, restricted, or revoked license is considered an aggravated DUI, a Class 4 felony under Arizona law. If convicted, a minimum prison sentence of four months must be completed. Offenders are not eligible for any type of early release prior to that time.
Repeated DUI Offenses
Multiple DUI offenses are taken very seriously, and Arizona classifies three or more offenses within a 7-year period as a felony charge. This is one of the few instances where multiple misdemeanors can equal a felony.
For a DUI, the charges must each be from separate offenses and be unrelated to one another. No less than four months must be served in prison before probation may be considered. To qualify as a felony, these offenses must have occurred on separate occasions within a 7-year period.
Passenger Under the Age of 15
A DUI offense committed while an individual under the age of 15 is in the vehicle is a felony offense. The amount of time served for this crime may vary depending on the specifics of the case. The offender may also be required to have an interlock ignition installed in their vehicle when they are deemed fit to drive again.
Ignition Interlock Violation
If your vehicle has been outfitted with an ignition interlock system, violations related to its use or your driving limitations can result in a felony charge. Similar to the offenses listed above, this is categorized as a Class 4 felony since restrictions were already in place for prior similar behavior.
Driving the wrong way
If you drive the wrong way on a highway while intoxicated, you can be convicted of a felony since you are endangering other motorists on the road. The seriousness of this offense can result in a prison sentence if convicted.
Can a DUI Felony be Reduced to a Lesser Charge
Yes, in Arizona, a felony DUI can sometimes be reduced to a misdemeanor, depending on the circumstances. Aggravated DUI charges may be reduced if the aggravating factors are challenged or mitigated.
For example, if it’s shown the driver was unaware their license was suspended or if there are significant personal hardships, a prosecutor may agree to reduce the charges.
Each case is unique, so it’s essential to consult an experienced DUI attorney to explore your legal options.
Arizona prosecutors take DUI cases seriously, and penalties can be severe. A skilled lawyer will help negotiate the best possible outcome. You should also discuss the possibility of charge reduction or expungement with your attorney, even though it’s not guaranteed.
Contact an Experienced Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson criminal defense attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
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