What is a Felony DUI in Arizona?
In Arizona, a Felony DUI (Driving Under the Influence) is a serious criminal offense that carries severe penalties. If you are convicted of a Felony DUI, you can face significant fines, imprisonment, and other consequences that can impact your life for years to come.
What Constitutes a Felony DUI in Arizona?
In Arizona, a Felony DUI is typically charged when a person is arrested and convicted of driving under the influence (DUI) and meets certain criteria. The following are some of the factors that can lead to a Felony DUI charge:
- Third or subsequent DUI conviction: If you have been convicted of two or more DUI offenses in the past, you can be charged with a Felony DUI for a subsequent offense.
- Injury or death: If you cause an accident while driving under the influence and someone is injured or killed, you can be charged with a Felony DUI.
- Prior DUI convictions: If you have a prior DUI conviction and are arrested for a subsequent DUI offense, you can be charged with a Felony DUI.
- Aggravating circumstances: If you are involved in an accident while driving under the influence and there are aggravating circumstances, such as a high blood alcohol content (BAC) or reckless driving, you can be charged with a Felony DUI.
Penalties for a Felony DUI in Arizona
The penalties for a Felony DUI in Arizona are severe and can include:
- Imprisonment: You can be sentenced to a minimum of 4 years and a maximum of 8 years in prison.
- Fines: You can be fined up to $150,000.
- Licensing suspension: Your driver’s license can be suspended for a minimum of 1 year.
- Ignition interlock device: You may be required to install an ignition interlock device on your vehicle for a minimum of 1 year.
- Community supervision: You may be placed on community supervision for a minimum of 2 years.
Consequences of a Felony DUI Conviction
A Felony DUI conviction can have significant consequences that can impact your life for years to come. Some of the consequences include:
- Loss of employment: A Felony DUI conviction can result in the loss of your job or the inability to find new employment.
- Loss of professional licenses: A Felony DUI conviction can result in the loss of professional licenses, such as a medical or law license.
- Difficulty finding housing: A Felony DUI conviction can make it difficult to find housing or be approved for a mortgage.
- Emotional and psychological impact: A Felony DUI conviction can have a significant emotional and psychological impact on you and your loved ones.
Defenses to a Felony DUI Charge
While a Felony DUI charge is serious, there are defenses that can be raised to challenge the charge. Some of the defenses include:
- Lack of probable cause: If the police did not have probable cause to arrest you for DUI, the charge may be dismissed.
- Improper testing procedures: If the police did not follow proper testing procedures, the results of the test may be deemed unreliable.
- Medical conditions: If you have a medical condition that could have affected your ability to drive safely, you may be able to raise a defense.
- Inaccurate or misleading information: If the police relied on inaccurate or misleading information to make the arrest, the charge may be dismissed.
Table: Felony DUI Penalties in Arizona
| Penalty | Maximum Sentence |
|---|---|
| Imprisonment | 8 years |
| Fines | $150,000 |
| Licensing suspension | 1 year |
| Ignition interlock device | 1 year |
| Community supervision | 2 years |
Conclusion
A Felony DUI in Arizona is a serious criminal offense that carries severe penalties. If you are facing a Felony DUI charge, it is essential to seek the advice of an experienced criminal defense attorney who can help you navigate the legal process and raise defenses to the charge. With the right legal representation, you may be able to reduce the severity of the penalties or even have the charge dismissed.
