In 2022, The Arizona Governor’s Office of Highway Safety reported 2,114 traffic stops that resulted in DUI arrests. Driving under the influence of alcohol or other substances poses a danger to yourself and others around you on the road, as alcohol can impair your depth perception and reaction time and make it difficult to judge the distance and speed of other vehicles around you.
But, is it a felony offense? In Arizona, most DUI offenses are classified as misdemeanors. However, Extreme and Aggravated DUIs are both felony offenses in Arizona. Charges for a DUI typically depend on the level of impairment of the driver and whether they are in violation of other laws at the time of operating the vehicle.
Because of the risks that come with a felony DUI, a charge in Arizona can bring harsh penalties that can stick around for years. Still, if you’re charged with a felony DUI in Arizona, you do have various potential defenses depending on your case, and having the right lawyer defending you can help you avoid harsh penalties.
Types of Felony DUIs & Penalties
A standard DUI is a misdemeanor in Arizona. It’s unlawful for any person to drive or be in actual physical control of a vehicle if a person has a blood alcohol concentration of 0.08 or more within two hours of operating the vehicle and if the concentration results from consuming alcohol before or while operating the vehicle.
However, a standard DUI can become a felony depending on the level of impairment and whether other crimes are involved. The two most common felony offenses are extreme DUI and aggravated DUI. In 2022, 257 of total DUI arrests were for aggravated DUI, while 378 of those were for extreme DUI.
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. This concentration can result either from alcohol consumed before or while driving or being in actual physical control of the vehicle.
Penalties for Extreme DUI
Penalties for an extreme DUI conviction are harsher than those for a typical misdemeanor DUI charge. These harsher penalties are largely associated with the greater risk of injury or death to other persons. Penalties depend specifically on the defendant’s BAC level at the time of operating or controlling the vehicle.
If the BAC is above 0.15 but below 0.20, then the person may:
- Pay a minimum fine of $250
- Be sentenced to a minimum of 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 an additional $250 to the city or state treasurer (depending on where the conviction took place) after the initial fine
- Pay $1,000 to have an interlock device installed in their vehicle for one year
If the BAC is above 0.20, then the person faces:
- A minimum fine of $500
- A minimum of forty-five (45) consecutive days in jail without eligibility 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 the conviction took place) after the initial fine.
- $1,000 fee to have an interlock device installed in their vehicle for one year
Aggravated DUI
An aggravated DUI charge occurs when the DUI is associated with other offenses at the time of a traffic stop. 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
- The driver has had two prior DUI-related offenses within 7 years
While other circumstances could lead to a felony DUI charge, these are typically the most common factors that elevate the DUI penalties.
Penalties for Aggravated DUI
The penalties for aggravated DUI are less definitive because they depend on the offense that occurred to raise the DUI to an aggravated charge. For example, an aggravated DUI with a suspended license may have different charges and penalties than an aggravated DUI with a child in the car.
Depending on each situation, a person can potentially face multiple penalties, including:
- Being sentenced to a minimum 8 months in jail without eligibility 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 their vehicle
- Paying an initial fine of $250
- Paying a minimum fine of $750
- Paying an additional $1,500 to the county, city, or state treasurer (depending on where the conviction took place) after the initial fine
Possible Defenses for Extreme & Aggravated DUIs
The charges for extreme and aggravated DUIs come with harsh penalties. Having an experienced defense lawyer to help you build a defense can minimize your penalties or have your charges dropped under the right circumstances.
Some of the most common defenses for DUI charges include:
- Lack of reasonable suspicion – Law enforcement officers must have reasonable suspicion that you are under the influence in order to pull you over. This suspicion must be based on actual wrongdoing or signs of impairment and not on reasons like race, religion, gender, age, or sexual preference.
- No actual physical control of the vehicle – In some cases, a person may be charged for DUI if they are simply in the vehicle. However, if you were not in control of operating the vehicle, like if you pull over to rest with the keys in the ignition, it can be used as a defense to reduce penalties or be found “not guilty.”
- No probable cause for arrest – An officer must have a valid, justifiable reason to conduct an arrest and cannot arrest you based on a refusal to perform an FST or a lack of other probable cause. Otherwise, the arrest will be invalidated.
- Improperly administered FSTs – Field sobriety tests do not have perfect accuracy and have exceptions for when they should be performed. If a test was improperly administered, leading to your arrest, you may be able to have the charges dropped.
- Inaccurate breath or blood testing device – Breathalyzer devices are liable to inaccuracies, especially handheld tests used out in the field, if they are not calibrated at regular intervals. If the results of your test are questionable and can be proven to be flawed or likely flawed, you may be able to pose this as a defense.
JacksonWhite Can Help With Your Felony DUI
Felony DUI is a serious charge and accounts for about 30% of DUI arrests in Arizona. 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. At JacksonWhite Law, we’ve had multiple DUI charges dismissed thanks to our expertise and ability to craft a strong defense.
Our experienced DUI attorneys know how to negotiate with the prosecution to protect your rights and work to get the case results you’re looking for. Call the JacksonWhite Criminal Law team at (480) 418-4281 to discuss your case today.
