Is a DUI a Felony in Arizona?
In the state of Arizona, driving under the influence (DUI) is considered a serious offense and can result in severe consequences, including fines, jail time, and even imprisonment. But is a DUI a felony in Arizona?
Direct Answer: No, a DUI is typically not a felony in Arizona
In Arizona, DUI is typically classified as a misdemeanor offense, punishable by up to 10 days in jail, fines up to $2,500, and a suspension of the driver’s license. However, there are certain circumstances under which a DUI can be elevated to a felony charge.
Felony DUI in Arizona: When Does it Apply?
A felony DUI in Arizona is usually charged when the offense involves certain aggravating factors, such as:
• Causing serious physical injury or death: If a DUI conviction results in serious physical injury or death to another person, the offense can be upgraded to a felony. (ARS 28-1383(A)(4))
• Having prior DUI convictions: If an individual has two or more prior DUI convictions within a seven-year period, a subsequent DUI conviction can be charged as a felony. (ARS 28-1383(A)(2))
• Refusal to submit to a breath or blood test: Refusing to submit to a breath or blood test as required by law can be considered a felony DUI in Arizona. (ARS 28-1383(A)(3))
Table: Felony DUI Penalties in Arizona
| Felony DUI Charge | Penalty |
|---|---|
| Causing serious physical injury or death | 3.25 years to 7 years in prison, fines up to $150,000 |
| Prior DUI convictions | 4 years in prison, fines up to $150,000 |
| Refusal to submit to a breath or blood test | 4 years in prison, fines up to $150,000 |
Consequences of a Felony DUI in Arizona
A felony DUI conviction in Arizona can result in severe consequences, including:
• Long-term imprisonment: Felony DUI convictions can result in long-term imprisonment, ranging from 3.25 to 7 years.
• Fines: Significant fines can be imposed, up to $150,000.
• Licensing consequences: A felony DUI conviction can result in a lifetime revocation of the driver’s license.
• Criminal records: A felony DUI conviction can result in a permanent criminal record, which can impact future employment, education, and other opportunities.
What to Do If You’re Charged with a Felony DUI in Arizona
If you’ve been charged with a felony DUI in Arizona, it’s essential to seek the advice of an experienced DUI attorney. A qualified attorney can help you understand the charges against you, challenge the evidence, and advocate for the best possible outcome.
Key Takeaways
• A DUI is typically a misdemeanor offense in Arizona, punishable by fines and short-term imprisonment.
• Certain circumstances, such as causing serious physical injury or death, prior DUI convictions, or refusal to submit to a breath or blood test, can elevate a DUI to a felony charge.
• Felony DUI convictions in Arizona can result in long-term imprisonment, significant fines, and long-term licensing consequences.
• If you’re charged with a felony DUI in Arizona, it’s essential to seek the advice of an experienced DUI attorney to understand your rights and options.
