Is a DUI a Felony in Arizona? click for a free consultation

Posted on January 29, 2025 in DUI

A conviction for driving under the influence (DUI) of alcohol or drugs in Arizona is ordinarily a misdemeanor offense. Circumstance-based situations exist, however, when a DUI conviction can be a felony. Here, we consider how you can be charged with a felony “aggravated” DUI.

The Rosenstein Law Group defends people like you who are charged with DUI, both misdemeanor and felony. Even a misdemeanor DUI conviction can carry harsh penalties, so if you are facing any DUI charge, we urge you to call us as soon as possible at (480) 248-7666. You can talk with one of our experienced certified DUI defense attorneys and set up a free consultation to discuss your legal defense options.

What Makes a DUI a Felony in Arizona?

Arizona statutes define what a DUI is in the state. There are three main statutes to keep in mind:

• ARS 28-1381: This is the basic misdemeanor-level DUI law, such as for driving or being in control of a motor vehicle with a blood alcohol concentration (BAC) level of 0.08 but below 0.15.
• ARS 28-1382: This statute defines extreme DUI (a BAC between 0.15 but below 0.20) and super extreme DUI (a BAC of 0.20 or more). These crimes are also misdemeanors.
• ARS 28-1383: This is Arizona’s aggravated DUI law. Aggravated DUI is a felony-level offense.

We will focus here on ARS 28-1383 and the ways you can be charged with a felony DUI under it.

What are the Types of Felony DUI in Arizona?

Under ARS 28-1383, five ways exist for what would otherwise be a misdemeanor DUI to become a felony-level “aggravated” DUI:

• You have been convicted of two prior DUIs within an 84-month period and committed a third DUI. This third DUI is an “aggravated” felony DUI.
• Your DUI occurs when you are driving with a driver’s license that is suspended, canceled, revoked, refused, or with restrictions placed on it because of a prior DUI conviction.
• Your DUI occurs while you are subject to an ignition interlock device requirement.
• Your DUI occurs when a minor under the age of 15 is in the vehicle with you.
• Your DUI occurs when you are driving the wrong way on a public highway.

What are the Penalties for Felony DUI in Arizona?

The applicable penalty for a felony DUI in Arizona depends on the nature of the DUI offense, whether it is your first or a subsequent felony DUI, and whether any mitigating or aggravating circumstances exist.

The following table shows the ranges of jail or prison sentences you can be subject to for a felony DUI.

Nature of the DUI Offense	Class of Felony	Prison or Jail Sentence
Third DUI within 84 months	Class 4	Minimum 4 months in prison, up to 3.5 years. No eligibility for probation, pardon, commutation, suspension of sentence, or other release until the minimum 4-month period is served in prison. If 3 or more prior misdemeanor DUIs, no eligibility for probation, pardon, commutation, suspension of sentence, or other release until 8 months are served.
License suspended, revoked, canceled, or refused	Class 4	Minimum 4 months in prison, up to 3.5 years. No eligibility for probation, pardon, commutation, suspension of sentence or other release until the minimum 4-month period is served.
DUI while on ignition interlock device requirement	Class 4	Minimum 4 months in prison, up to 3.5 years.
Driving the wrong way on a highway	Class 4	Minimum 4 months in prison, up to 3.5 years. No eligibility for probation, pardon, commutation, suspension of sentence, or other release until the minimum 4-month period is served.
Minor under 15 years old in car	Class 6	At least 10 days in jail; not eligible for probation or suspension of execution of sentence unless the entire sentence is served. May be reduced to 1 day in jail if the person completes a court-ordered alcohol or other drug screening, education, or treatment program   For extreme DUI, the minimum jail sentence is 30 days. For super-extreme DUI, the minimum jail sentence is 45 days. Maximum sentence of 2 years in prison for a first-time offense. 8 months up to 2.75 years in prison if one prior felony conviction. For two prior felony convictions, 2.25 – 5.75 years in prison.
Second felony DUI conviction		2.25 up to 7.5 years in prison. Presumptive sentence of 4.5 years.
Third or subsequent felony DUI conviction		6 up to 15 years in prison. Presumptive sentence of 10 years.

Additional Court-Ordered Punishments for Felony DUIs

On top of the incarceration periods and fines, a felony DUI conviction can result in the following sanctions being imposed on you by the court.

• Fines of $2,500 up to $4,675
• Alcohol Counseling
• License Revocation
• Probation
• SR22 High-Risk Insurance required
• Community Service
• Ignition Interlock Device on any vehicle you operate
• Forfeiture of your interest in the vehicle you were operating when stopped.

Additional Secondary Consequences After a Felony DUI Conviction

Having a felony criminal conviction on your public record means more than serving time and paying fines and costs. Long after you have finished with those penalties, the following issues can follow you wherever you go as long as the conviction appears in a record search:

• You may lose any Arizona professional licenses you have and will likely be unable to obtain such a license.
• You lose your right to vote.
• You lose your right to run for or hold a public office.
• You lose your right to purchase or possess a firearm and/or deadly weapon(s).
• You can face difficulty finding employment.
• You can find it hard to find a place to live.
• A felony DUI will always count against you if you are convicted of another felony later on.

What Defenses Exist to a Felony DUI Charge in Arizona?

The first thing to do when you are charged with a felony DUI in Arizona is to hire an experienced DUI defense attorney. This is important because you will usually have the chance to negotiate with the prosecuting attorney for a possible plea deal before trial.

If you try negotiating with the prosecutor alone, you will not receive the most favorable outcome. With an experienced DUI defense lawyer on your side, the chances improve that you can avoid a felony DUI charge. Many times, especially if there are mitigating circumstances working for you, your DUI defense counsel can come to a deal with the prosecution to not file a felony DUI charge against you.

Common Defenses to First-Time Felony DUI Charges

The main effort of your criminal defense lawyer in any prosecution during plea negotiations or in a trial defense is to cast reasonable doubt on one or more of the elements of the crime that the prosecution must prove against you.

There are several ways that your attorney can challenge the prosecution’s felony DUI case against you:

• The arresting police officer either lacked reasonable suspicion to pull you over or lacked probable cause to arrest you for DUI.
• The breathalyzer device the police officer used to determine your BAC level was not working properly, or the officer did not use it properly.
• The arresting officer’s police report contains factual errors.
• The arresting officer either did not inform you of your constitutional rights when placing you under arrest and subjecting you to questioning or disregarded those rights in their investigation.
• The police either improperly gathered their evidence against you or failed to maintain a proper chain of custody of their evidence.
• The police did not properly conduct field sobriety tests on you.
• Due to an error by ADOT, you were unaware that your driver’s license had been suspended, revoked, canceled, or refused.
• Due to an error by ADOT, you were unaware that you were under an obligation to install an ignition interlock device in the vehicle you were driving.
• The instrument to determine your BAC was not properly maintained and/or malfunctioned.
• The state criminalist who tested your blood sample failed to follow proper protocols, or there were other errors in the testing process.
• Mitigating factors exist in your case to warrant a lesser sentence.

Call the Rosenstein Law Group to Defend You Against an Arizona Felony DUI Charge

A misdemeanor DUI conviction on your record can be bad enough for you. A felony DUI can be substantially worse. With so much on the line—your freedom, your finances, and your future—if you are facing a felony DUI in Arizona, you need the best legal defense you can get.

The Rosenstein Law Group’s attorneys include DUI defense specialists and over 150 years of combined experience. You can rely on us to do everything in our power to provide you with the best possible outcome.

Don’t leave your felony DUI defense to chance. Call the board-certified DUI defense lawyers at the Rosenstein Law Group at (480) 240-7666 today or contact us online to schedule your free consultation.