Is a DUI a Felony in Arizona?

In Arizona, most DUIs are classified as misdemeanors. However, under certain circumstances, a DUI can be charged as a felony. Extreme and Aggravated DUIs and are both felony offenses in Arizona.

Types of Felony DUIs & Penalties

Extreme DUI

A.R.S 28-1382 defines an Extreme DUI as a person who drives or is in actual physical control of a vehicle within two hours of an alcohol concentration above 0.15 resulting from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

Penalties for Extreme DUI

The penalties for a DUI conviction are greater than those for a typical misdemeanor DUI charge.

If the BAC is above 0.15 but below 0.20 then the person will:

  • Pay a minimum fine of $250
  • Be sentenced to a minimum thirty (30) consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served
  • Pay additional $250 to the city or state treasurer (depending on where conviction took place) after the initial fine
  • Pay $1,000 to have inter-lock device installed in vehicle for one year

If the BAC is above 0.20 then the person faces:

  • A minimum fine of $500
  • A minimum forty-five (45) consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served
  • An additional $250 to the city or state treasurer (depending on where conviction took place) after the initial fine.
  • $1,000 fee to have inter-lock device installed in vehicle for one year

Aggravated DUI

A.R.S 28-1383 explains that a misdemeanor or Extreme DUI can become an aggravated charge if:

  • A child under the age of 15 was present in the car at the time of the driver’s arrest
  • The defendant’s driver’s license was suspended or revoked at the time of arrest
  • The defendant was arrested after a judge required the defendant to use an ignition interlocking device
  • Two prior DUI-related offenses within 7 years

While there are other circumstances that could lead to a felony DUI charge, these are typically the most common factors that elevate the DUI penalties.

Penalties for Aggravated DUI

Depending on each situation, a person can potentially face multiple penalties including:

  • Being sentenced to a minimum 8 months in jail and not eligible for probation or suspension of execution of sentence unless the entire sentence is served
  • Attending and completing alcohol or other drug screening, education or treatment from an approved facility. Additional incarceration is faced if failed to complete
  • One year license suspension
  • Minimum two (2) years with a certified inter-lock device installed in vehicle
  • Paying an initial fine of $250
  • Paying a minimum fine of $750
  • Paying additional $1,500 to the county, city, or state treasurer (depending on where conviction took place) after the initial fine

How JacksonWhite Can Help

Because felony DUIs can affect your personal and professional life much more than a misdemeanor, it’s recommended that you seek legal counsel immediately following a DUI charge.

As an experienced DUI attorney, Jeremy Geigle knows how to negotiate with the prosecution to protect your rights and work to get the case results you’re looking for.

Get a free confidential DUI consultation with Jeremy today by calling (480) 818-9943.

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