Is DUI a Felony in Arizona?
In the state of Arizona, driving under the influence (DUI) is considered a serious offense that can have severe consequences. While it is not always a felony, the severity of the charges and penalties can vary depending on the circumstances of the arrest and the individual’s prior criminal history.
Direct Answer:
No, DUI is not always a felony in Arizona. However, it can be charged as a felony in certain situations. According to Arizona Revised Statute (ARS) 28-1381, a person can be charged with a felony DUI if they have two or more prior DUI convictions within the past 7 years.
Felony DUI Charges:
• ARS 28-1381(A)(2): A person can be charged with a felony DUI if they have two or more prior DUI convictions within the past 7 years. This is considered a Class 4 felony, which carries a sentence of 2-3 years in prison and a fine of up to $150,000.
• ARS 28-1381(A)(3): A person can also be charged with a felony DUI if they have a prior conviction for a serious offense, such as manslaughter or homicide, and the DUI was committed during the commission of that offense. This is also considered a Class 4 felony.
Misdemeanor DUI Charges:
• ARS 28-1381(A)(1): A person can be charged with a misdemeanor DUI if they have no prior DUI convictions. This is considered a Class 1 misdemeanor, which carries a sentence of up to 10 days in jail and a fine of up to $2,500.
• ARS 28-1381(A)(4): A person can also be charged with a misdemeanor DUI if they have a prior DUI conviction more than 7 years ago. This is considered a Class 1 misdemeanor.
Penalties for DUI in Arizona:
• Jail Time: The penalties for DUI in Arizona can include jail time, ranging from 10 days to 3 years, depending on the severity of the charges and the individual’s prior criminal history.
• Fines: The fines for DUI in Arizona can range from $1,000 to $150,000, depending on the severity of the charges and the individual’s prior criminal history.
• License Suspension: The Arizona Department of Transportation (ADOT) can suspend a person’s driver’s license for a period of time, ranging from 90 days to 3 years, depending on the severity of the charges and the individual’s prior criminal history.
• Ignition Interlock Device (IID): A person convicted of DUI in Arizona may be required to install an IID in their vehicle, which requires the driver to provide a breath sample before the vehicle can be started.
Consequences of a Felony DUI Conviction:
• Criminal Record: A felony DUI conviction will result in a criminal record, which can have long-term consequences for a person’s employment, education, and personal life.
• Prison Time: A felony DUI conviction can result in prison time, ranging from 2-3 years, depending on the severity of the charges and the individual’s prior criminal history.
• Fines: A felony DUI conviction can result in fines of up to $150,000, depending on the severity of the charges and the individual’s prior criminal history.
• Loss of Privileges: A felony DUI conviction can result in the loss of privileges, such as the right to vote, own a firearm, or serve on a jury.
Conclusion:
In conclusion, while DUI is not always a felony in Arizona, it can be charged as a felony in certain situations. It is important for individuals to understand the laws and penalties surrounding DUI in Arizona, as well as the consequences of a felony conviction. If you have been arrested for DUI in Arizona, it is important to seek the advice of an experienced DUI attorney who can help you navigate the legal system and protect your rights.
Table: DUI Penalties in Arizona
| Charge | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|
| Misdemeanor DUI | Up to 10 days | Up to $2,500 | 90 days to 1 year | No |
| Felony DUI | 2-3 years | Up to $150,000 | 1-3 years | Yes |
Bullets:
• A person can be charged with a felony DUI if they have two or more prior DUI convictions within the past 7 years.
• A person can also be charged with a felony DUI if they have a prior conviction for a serious offense, such as manslaughter or homicide, and the DUI was committed during the commission of that offense.
• A person can be charged with a misdemeanor DUI if they have no prior DUI convictions.
• A person can also be charged with a misdemeanor DUI if they have a prior DUI conviction more than 7 years ago.
• The penalties for DUI in Arizona can include jail time, fines, license suspension, and the installation of an IID.
