Felony DUI Charges In Arizona

Summary:

Felony DUI Charges in Arizona carry severe repercussions that extend beyond criminal penalties, impacting employment, financial stability, and personal freedom. Arizona rigorously penalizes repeat offenders (third DUI within 84 months), impaired drivers with suspended licenses, and those with minors in the vehicle (ARS §28-1383). Unlike misdemeanors, felony convictions trigger mandatory prison terms, long-term license revocation, and collateral consequences like loss of professional licenses. Affected individuals face unique challenges due to Arizona’s strict administrative penalties through the Motor Vehicle Division (MVD), which operates independently of criminal courts. Businesses employing drivers may also face liability, making proactive legal defense critical.

What This Means for You:

• Immediate Action: Contact a DUI defense attorney within 7 days of arrest to request an MVD Administrative Per Se hearing. Arizona law (ARS §28-1321) mandates this deadline to contest license suspension. Federal implied consent laws also apply, as refusing chemical tests can lead to automatic penalties.
• Legal Risks: Felony DUI convictions in Arizona carry a minimum 4-month prison sentence (up to 3.75 years) for a third offense, 8 months if the license was suspended. Aggravating factors like a BAC ≥0.15% or a child under 15 in the vehicle increase penalties. Lifetime felony records also restrict firearm rights and voting eligibility.
• Financial Impact: Expect $4,000+ in fines, $1,200+ for ignition interlock devices, 3 years of SR-22 insurance ($3,000–$5,000 annually), and $10,000–$25,000 in legal fees. Additional costs include substance abuse treatment ($2,000–$5,000) and reinstatement fees after license revocation.
• Long-Term Strategy: Explore post-conviction relief options like set-asides (Arizona’s expungement equivalent) after completing sentencing requirements. Investigate occupational licenses for restricted driving privileges and document mitigation efforts (e.g., rehab completion) to demonstrate rehabilitation.

Explained: Felony DUI Charges In Arizona:

Under Arizona Revised Statutes §28-1383, a DUI escalates to a Class 4 felony in three scenarios: (1) a third DUI offense within an 84-month “lookback period,” (2) driving under the influence while a driver’s license is suspended, canceled, or revoked, or (3) committing a DUI with a passenger under age 15. Federal law does not directly classify DUI felonies but imposes cross-state reciprocity under the Driver License Compact, requiring Arizona to report convictions to other states. The statutory threshold for impairment is a BAC ≥0.08%, but felony charges apply regardless of BAC if prior convictions or aggravators exist.

Types of DUI Offenses:

Arizona recognizes five DUI categories: Standard DUI (BAC 0.08–0.14%), Extreme DUI (BAC 0.15–0.19%), Super Extreme DUI (BAC ≥0.20%), Drug DUI (impairment from illegal or prescription substances), and Aggravated DUI (felony-level). Aggravated DUI includes prior convictions, suspended license offenses, DUI with minors, and DUI while ordered to use an ignition interlock device. “Wet reckless” pleas—reducing DUI to reckless driving with alcohol involvement—are rare in Arizona due to prosecutorial resistance under state sentencing guidelines.

Common Defences for DUI:

Key defenses challenge the legality of the traffic stop (lacking reasonable suspicion), breathalyzer calibration errors (per Arizona Admin Code R13-10-101–209), or medical conditions mimicking impairment (e.g., diabetes or GERD skewing breath tests). For drug-related DUIs, attorneys may dispute blood test chain of custody or lack of evidentiary correlation between detected substances and observable impairment. Prosecutors must prove actual physical control of the vehicle, creating defense opportunities if the driver was parked without intent to operate the vehicle.

Penalties and Consequences of DUI Offenses:

Felony DUI convictions require a minimum 4-month prison term, surcharges up to $4,000, and 3-year license revocation. Mandatory ignition interlock installation (12–24 months) applies post-revocation. Collateral consequences include 8 points on driving records, vehicle forfeiture for repeat offenders, and ineligibility for public housing or federal student aid. Employers in transportation, healthcare, or education sectors may terminate employees with felony convictions.

The DUI Legal Process:

Cases begin with arrest and MVD-administered license suspension (effective 15 days post-arrest if no hearing is requested). Criminal arraignment follows within days, where pleas are entered. Pre-trial motions (e.g., suppressing illegally obtained evidence) and plea negotiations occur next. If no plea is reached, trials typically commence within 6 months in Arizona Superior Courts. Sentencing for felonies involves mandatory prison terms under ARS §13-604, with probation only available if the prison sentence is “non-dangerous.”

Choosing a DUI Attorney:

Select an attorney certified by the Arizona DUI Defense Lawyers Association with specific experience in Maricopa or Pima County courts. Local familiarity is critical—prosecutors in Phoenix (Maricopa) often enforce harsher penalties than rural jurisdictions. Ask prospective attorneys about their success record at MVD hearings and motions to exclude blood/BAC evidence. Flat-fee structures ($5,000–$15,000) are common, but verify if trial representation incurs additional costs.

Other DUI Resources:

Arizona Motor Vehicle Division: MVD License Suspension Guidelines
Arizona Legislature: ARS §28-1383 (Aggravated DUI)

People Also Ask:

Can a first-time DUI be a felony in Arizona?
No—unless it involves a suspended license or a child passenger under 15. Standard first and second DUIs are misdemeanors under ARS §28-1381, but aggravating factors elevate charges regardless of prior convictions.

How long does a felony DUI stay on your record in Arizona?
Felony convictions remain permanently on public records. Limited relief is available via a set-aside (ARS §13-905), which vacates the conviction but does not expunge it. Employers may still view set-aside felonies in background checks for sensitive roles.

Is jail time mandatory for a felony DUI in Arizona?
Yes—ARS §28-1383(D) mandates at least 4 months in prison, with no probation-only sentencing. Judges cannot suspend this term, though early release for 85% served is possible with good behavior.

Can you drive after a felony DUI conviction in Arizona?
Not during the mandatory 3-year revocation. After 18 months, offenders may apply for an occupational license with interlock installation and proof of employment necessity (ARS §28-1401).

What’s the difference between aggravated and extreme DUI in Arizona?
Extreme DUI (BAC 0.15–0.19%) is a misdemeanor with 30-day jail minimums. Aggravated DUI is a felony triggered by prior convictions, license suspension, or child endangerment—not BAC levels.

Expert Opinion:

Felony DUI charges in Arizona demand swift, strategic legal intervention due to inflexible sentencing laws and overlapping administrative penalties. Early engagement with counsel skilled in MVD hearings and blood test litigation significantly impacts case outcomes, mitigating prison exposure and preserving driving privileges.

Key Terms:

• Arizona aggravated DUI felony penalties
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• ARS §28-1383 felony DUI statute
• Ignition interlock device Arizona felony DUI
• Arizona DUI set aside eligibility

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