Is a DUI a Misdemeanor?

Facing a DUI charge in Phoenix, AZ, often raises the question, is a DUI a misdemeanor? In Arizona, most DUI (Driving Under the Influence) offenses are classified as misdemeanors. However, specific factors—such as a high blood alcohol content or prior DUI convictions—can escalate a DUI to a felony. Knowing how Arizona law categorizes DUI charges is essential for navigating the legal process. At the Law Offices of John Phebus in Scottsdale, we assist clients in Phoenix or Scottsdale and throughout Arizona in understanding their rights and options when dealing with DUI charges.

Arizona DUI to the Slightest Degree

Under Arizona law, you can be charged with a DUI even if your blood alcohol concentration is below the legal limit of 0.08%. Arizona’s “slightest degree” law means that you may be convicted of a DUI if you’re found to be impaired to the slightest degree while operating a vehicle. This type of DUI is typically a misdemeanor, though it still carries serious consequences. The slightest degree of DUI charge demonstrates Arizona’s strict approach to impaired driving, aiming to keep roads safe by penalizing drivers who might not technically be “over the limit” but are nonetheless impaired.

Misdemeanor DUI, DWI, & Drunk Driving

In Arizona, most DUI, DWI (Driving While Intoxicated in Scottsdale), and drunk driving offenses are treated as misdemeanors for first-time offenders. A standard DUI charge applies if a driver’s BAC is between 0.08% and 0.149%. This classification is typically a misdemeanor unless there are aggravating factors, such as a minor passenger in the vehicle or multiple DUI offenses on record. Arizona categorizes these charges under misdemeanor DUI offenses, reflecting a graduated approach to DUI law enforcement.

Is Drunk Driving a Felony or a Misdemeanor?

In many cases, drunk driving is considered a misdemeanor in Arizona. Still, it may become a felony if aggravating factors are present. For example, a DUI might be classified as a felony if the driver’s BAC is extremely high (usually 0.15% or higher), if there’s a repeat offense within seven years, or if there are dangerous conditions involved, such as causing an accident or transporting a minor while impaired. 

DUI Misdemeanor Charges in Arizona

In Arizona, misdemeanor DUI charges are divided into several types, based primarily on the level of intoxication and prior offenses. Even as misdemeanors, these charges carry serious penalties, including potential jail time, fines, mandatory alcohol education programs, and license suspension. A DUI conviction remains on your record, which can impact employment, insurance rates, and other areas of your life. Being informed about the various types of misdemeanor DUIs and their specific implications is crucial for anyone charged with drunk driving in Arizona.

When Is a DUI a Misdemeanor?

A DUI is considered a misdemeanor in Arizona when it’s a first-time offense without any aggravating factors. This means there are no prior DUI convictions within the last seven years, no minors in the vehicle, and no incidents of extreme BAC. This classification applies to drivers whose BAC falls between 0.08% and 0.149% and who were not involved in an accident causing harm or severe property damage. Each case is unique, so consulting with a DUI attorney is vital to fully understand how your DUI charge may be classified.

Arizona Law Regarding DUI Drugs

Arizona’s DUI laws don’t only apply to alcohol. Drivers may also be charged with a DUI if they are under the influence of drugs—either illegal substances or prescribed medications—while driving. Even legal, prescribed drugs can lead to a DUI charge if they impair your ability to operate a vehicle safely. Arizona has a strict zero-tolerance approach to certain substances, meaning that if any trace of drugs like marijuana or methamphetamine is found in your system while driving, you may face DUI charges. This can lead to a misdemeanor DUI charge if it’s a first offense and no other aggravating circumstances are present.

DUI Misdemeanor Laws

Arizona DUI laws categorize drug-related DUIs similarly to alcohol-related DUIs. A drug DUI might be classified as a misdemeanor in the absence of aggravating factors. According to Arizona law, drivers must maintain complete control of their faculties, and any impairment from drugs can lead to a DUI charge. 

Types of Misdemeanor DUI Charges in Glendale, Arizona

Arizona recognizes different types of misdemeanor DUI charges, each varying in severity based on the driver’s BAC level and other conditions:

1. Standard DUI: BAC between 0.08% and 0.149%.
2. Extreme DUI: BAC between 0.15% and 0.199%.
3. Super Extreme DUI: BAC of 0.20% or higher.

Each level carries increased penalties, and each is classified as a misdemeanor under Arizona law for a first offense without other aggravating factors. Understanding these distinctions can help you assess the potential consequences and determine the best course of action. Consulting with a Glendale DUI lawyer can provide invaluable guidance in navigating these legal complexities and formulating a defense strategy tailored to your specific case.

Misdemeanor DUI Penalties and DUI Penalty Chart

As mentioned before, Arizona enforces strict penalties for DUI convictions, even for first-time offenders. Misdemeanor DUI penalties may include jail time, hefty fines, alcohol education classes, and the installation of an ignition interlock device on your vehicle.

Minimum Penalties for Misdemeanor DUI Convictions

For a first offense, the minimum penalties for a misdemeanor DUI conviction may include:

• Up to 10 days in jail (with the possibility of reduced time upon completion of court-ordered programs)
• Fines and fees ranging from $1,200 to $2,500
• Mandatory alcohol education or treatment programs
• License suspension for up to 90 days
• Installation of an ignition interlock device for at least six months

These penalties increase with each subsequent DUI offense within a seven-year period. Repeat offenders may face longer jail sentences, higher fines, and extended license suspensions.

Misdemeanor DUI Defense

It’s crucial to consider your defense options. Depending on the details of your case, an array of legal strategies may be available. Common DUI defenses include challenging the accuracy of BAC test results, questioning the legality of the traffic stop, and examining whether proper police procedures were followed during your arrest. An experienced DUI attorney can help you assess your case and determine the most effective defense based on Arizona law and the specific circumstances surrounding your charge.

Contact the Law Offices of John Phebus for DUI Defense in Phoenix

At the Law Offices of John Phebus, we specialize in defending clients against DUI charges throughout Phoenix and the surrounding areas. Our team understands the complexities of Arizona DUI laws and can help you navigate your case with personalized legal guidance. Contact us today at (623) 847-7117 to schedule a consultation and discuss your defense options.

DUI Attorneys Near Me

• Buckeye DUI Attorney
• Glendale DUI Defense Attorney
• Peoria DUI Lawyer
• Scottsdale DUI Lawyer
• Surprise DUI Attorney

Resources for DUI Defense Victims

• Are the Penalties for a DUI Involving Drugs the Same as Those for Alcohol?
• Does a DUI Show Up On a Background Check?
• Understanding the Role of Treatment Programs in DUI Cases
• What Factors Influence a DUI Sentence in Arizona?
• Can You Expunge a DUI Conviction in Arizona?
• Are There DUI Diversion Programs in Arizona?
• Common Defenses for Those Accused of a DUI
• Is a DUI a Misdemeanor?
• What Happens When You Get Arrested for DUI
• How Long Does a DUI Stay on Your Record in Glendale?
• How Much Does an NW Phoenix DUI Attorney Cost?
• OWI vs DUI: What’s The Difference?
• When Is DUI a Felony in Arizona?

Client Reviews

What our clients are saying about us

Daniel Hall

1 month ago

The Law Offices of John Phebus, and in particular my Lawyer Roland Rillos are a Very trustworthy and capable law firm. It’s never pleasant to need a lawyer – but I would highly recommend Roland. He was informative every step of the way, always available, and very upfront about costs. Their payment options made it very affordable. If you need legal help I highly recommend them

GBP Review: Daniel Hall