Is a DUI a Felony in Arizona?
In the state of Arizona, driving under the influence (DUI) is considered a serious crime that can have severe consequences. While a first-time DUI offense is typically charged as a misdemeanor, repeat offenders or those who cause injury or death while driving drunk may face felony charges.
What is a Misdemeanor DUI?
In Arizona, a first-time DUI offense is considered a Class 1 Misdemeanor. The penalties for a misdemeanor DUI conviction include:
- Jail time: Up to 6 months
- Fines: Up to $2,500
- License suspension: 1 year
- Ignition interlock device (IID) installation: 90 days to 1 year
- Community service: Up to 100 hours
What is a Felony DUI?
A felony DUI charge in Arizona is typically reserved for repeat offenders or those who commit a DUI while committing a separate felony crime, such as:
- Aggravated DUI (felony): Causing serious injury or death while driving under the influence
- Endangerment: Putting the life or safety of others at risk while driving under the influence
- Assault: Physically assaulting another person while driving under the influence
- Manslaughter: Causing the death of another person while driving under the influence
Penalties for Felony DUI in Arizona
The penalties for a felony DUI conviction in Arizona are much harsher than those for a misdemeanor conviction. The specific penalties will depend on the circumstances of the case and the individual’s criminal history. However, some possible penalties include:
- Jail time: 4.5 to 15.5 years
- Fines: Up to $150,000
- License suspension: 1 year to lifetime
- IID installation: 5 years to lifetime
- Community service: Up to 1,000 hours
Consequences of a Felony DUI Conviction
A felony DUI conviction can have severe and long-lasting consequences, including:
- Criminal Record: A felony DUI conviction will remain on an individual’s criminal record indefinitely, making it difficult to find employment, housing, or obtain credit.
- Loss of Rights: A felony DUI conviction may result in the loss of certain rights, such as the right to vote, own a firearm, or serve on a jury.
- Financial Burden: The financial burden of a felony DUI conviction can be significant, including attorney fees, fines, and fees associated with IID installation.
- Social and Professional Consequences: A felony DUI conviction can damage an individual’s reputation and lead to social and professional ostracism.
Statistics on Felony DUIs in Arizona
According to the Arizona Department of Public Safety, in 2020:
- There were 12,414 arrests for DUI in Arizona, with 1,034 of those arrests resulting in felony charges.
- Felony DUI arrests accounted for 8.3% of all DUI arrests in Arizona.
- The majority of felony DUI arrests were for aggravated DUI (78.4%), followed by endangerment (14.5%) and assault (6.2%).
Conclusion
In Arizona, a DUI can be either a misdemeanor or a felony, depending on the circumstances of the case. While a first-time DUI offense is typically charged as a misdemeanor, repeat offenders or those who cause injury or death while driving drunk may face felony charges. Understanding the consequences of a DUI conviction, including the penalties and long-term effects on an individual’s life, is crucial for making informed decisions about legal representation and plea negotiations.
Additional Resources
- Arizona Department of Public Safety: www.azdps.gov
- Arizona Revised Statutes: www.azleg.gov/ARSS/
- National Highway Traffic Safety Administration: www.nhtsa.gov
Table: Misdemeanor vs. Felony DUI Penalties in Arizona
| Charge | Penalties |
|---|---|
| Misdemeanor DUI | Up to 6 months in jail, $2,500 fine, 1 year license suspension, 90 days to 1 year IID installation |
| Felony DUI | 4.5 to 15.5 years in prison, up to $150,000 fine, 1 year to lifetime license suspension, 5 years to lifetime IID installation |
Note: The penalties listed in the table are general penalties and may vary depending on the specific circumstances of the case and the individual’s criminal history.
