{"id":13754,"date":"2024-01-02T08:00:17","date_gmt":"2024-01-02T15:00:17","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=13754"},"modified":"2024-09-20T09:22:33","modified_gmt":"2024-09-20T16:22:33","slug":"dui-felony-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/dui-felony-arizona\/","title":{"rendered":"Is a DUI a Felony in Arizona?"},"content":{"rendered":"

In 2022, The Arizona Governor\u2019s Office of Highway Safety reported<\/span> 2,114 traffic stops that resulted in DUI arrests<\/span><\/a>. 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.<\/span><\/p>\n

But, is it a felony offense? In Arizona, most <\/span>DUI<\/span><\/a> 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.<\/span><\/p>\n

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\u2019re 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.<\/span><\/p>\n

Types of Felony DUIs & Penalties<\/h2>\n

A standard DUI is a misdemeanor in Arizona. It\u2019s 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.<\/span><\/p>\n

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,<\/span> 257 of total DUI arrests<\/span><\/a> were for aggravated DUI, while 378 of those were for extreme DUI.<\/span><\/p>\n

Extreme DUI<\/h3>\n

A.R.S 28-1382<\/span><\/a> defines an extreme DUI<\/a> 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.<\/span><\/p>\n

Penalties for Extreme DUI<\/h4>\n

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\u2019s BAC level at the time of operating or controlling the vehicle.<\/span><\/p>\n

If the BAC is above 0.15 but below 0.20, then the person may:<\/span><\/p>\n