In Arizona, the line between a DUI being considered a misdemeanor or a felony offense is not always clear-cut. While most DUI cases in Arizona are charged as misdemeanors, there are certain circumstances under which a DUI can be elevated to a felony. Factors such as prior DUIs, driving with a suspended or revoked license, having a minor in the car, or causing serious injury or death can result in a felony DUI.
If you find yourself facing a DUI anywhere in Arizona, one of the Scottsdale criminal defense lawyers from the Law Offices of John Phebus is happy to answer any of your questions.
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DUI in Arizona: Felony or Misdemeanor?
To say the least, the state of Arizona takes a firm stance against drunk driving. Again, when it comes to DUI charges in Arizona, the classification as misdemeanor or felony depends on the specific circumstances. Understanding the criteria for each can help you know what to expect after an arrest and make more informed decisions.
Criteria for a Misdemeanor Charge
In Arizona, a standard DUI offense is generally classified as a misdemeanor. The criteria for a misdemeanor DUI includes:
- Blood Alcohol Concentration (BAC): A BAC of 0.08% or more for individuals over the age of 21, or a BAC of 0.04% or more for commercial drivers.
- Impaired Driving: If an individual’s driving is impaired due to alcohol or drugs, regardless of their BAC level.
- Prior DUI Convictions: A first or second DUI offense within a specified period typically qualifies as a misdemeanor.
Criteria for a Felony Charge (Aggravated DUI)
A DUI offense can be elevated to a felony charge, known as an aggravated DUI, under certain circumstances. The criteria for a felony DUI charge in Arizona include:
- Third DUI Offense: If an individual is convicted of a third DUI within a period of seven years, it is considered a felony.
- Driving with a Suspended or Revoked License: If an individual drives under the influence with a suspended or revoked license, expect a felony charge.
- Minor in the Vehicle: If a person under the age of 15 is present in the vehicle at the time of the DUI offense, you’re no doubt looking at a felony.
- Serious Injury or Death: If a DUI seriously injures or kills someone, it’s a felony.
Is Jail Time Mandatory for Felony DUI in Arizona?
In Arizona, jail time is often mandatory for felony DUI offenses. The specific penalties vary depending on the circumstances and any prior convictions. However, a felony DUI conviction can result in significant jail time, fines, probation, mandatory substance abuse treatment, and the installation of an ignition interlock device in your car. In Arizona, penalties for DUI offenses can be severe, and having a Scottsdale criminal defense lawyer to advocate for your rights.
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How Long Does a DUI in Arizona Stay on Your Record?
In general, a DUI in Arizona stays on your record indefinitely. However, Arizona law allows for certain individuals to petition the court for a Set Aside, which essentially removes the conviction from your record. This is a complex process and will definitely go more smoothly for you with a reputable, competent Scottsdale criminal defense lawyer on your side.
In Arizona, Can Your First DUI Be a Felony?
In most cases, a first-time drunk driving charge in Arizona is going to be a misdemeanor. However, there are situations where a first DUI is elevated to a felony.
Driving on a Suspended License while DUI
If you are charged with a DUI while driving with a suspended or revoked license, your first DUI offense can be classified as a felony. The combination of a DUI offense and a suspended license is a serious violation of the law.
Third DUI in 7 Years
If you have two previous DUI convictions within a period of seven years and are charged with a third DUI offense, it will be treated as a felony. Repeat DUIs are taken very seriously by the criminal justice system, which is why the penalties are significantly harsher.
A Child Under 15 Is in the Car
Arizona has strict laws to protect the safety and well-being of children, and driving under the influence with a minor in the car is reckless. If arrested for drunk driving with a child under age 15 in the car, your first DUI will most likely be a felony.
Violating an Ignition Interlock Device Court Order
If you are required by the court to have an ignition interlock device installed in your vehicle, driving without it in proper working order can lead to a felony charge. You must comply with court orders to avoid more legal consequences.
Driving the Wrong Way on a Highway
Wrong-way driving poses a significant risk to public safety. Accordingly, driving the wrong way on a highway while under the influence can also turn a first DUI into a felony in Arizona.
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If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.
Can a Felony DUI be Dismissed or Reduced to a Misdemeanor?
While each case is unique, it is possible for a felony DUI to be dismissed or reduced to a misdemeanor with the help of a savvy Scottsdale criminal defense attorney. However, this outcome depends on various factors, like the strength of the evidence, the validity of the arrest, and your lawyer’s negotiation skills. Experienced, hard-working Scottsdale criminal defense attorneys from the Law Offices of John Phebus can assess the details of your case, analyze the evidence, and develop a strategic defense.
Facing Criminal Charges in Arizona? Our Scottsdale Criminal Defense Attorney Can Help
The Law Offices of John Phebus has extensive knowledge and experience in handling DUI cases throughout Scottsdale and Arizona. Our team of brilliant Scottsdale criminal defense attorneys will provide you with the guidance and support needed to fight your Arizona DUI. With our determination, professionalism, and commitment to client success, you can be assured that your case will be handled with the utmost care and attention.
To schedule a free legal consultation and case review, contact our office now.
John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
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