Is a DUI in Arizona a Felony or Misdemeanor?
Discussion of Is a DUI in Arizona a Felony or Misdemeanor?
In Arizona, most DUI charges are classified as misdemeanors, which could result in jail time and fines, but typically do not have as severe long-term consequences as a felony conviction. However, under certain circumstances, a DUI may be elevated to a felony charge, known as Aggravated DUI. These circumstances include a third DUI offense within 84 months, driving under the influence with a suspended or revoked license, or committing a DUI with a passenger under the age of 15. A felony DUI conviction carries more serious penalties, including longer jail or prison sentences, higher fines, and a more significant impact on your record.
If you are facing a DUI charge in Arizona, it is crucial to understand the potential consequences and whether your charge is considered a felony or a misdemeanor. The classification of your DUI offense will determine the severity of the penalties you may face if convicted. In this blog post, Chelle Law, a leading criminal defense law firm in Phoenix, Arizona, will discuss the difference between a misdemeanor and felony DUI and the circumstances under which a DUI may be classified as a felony in Arizona. How Long Does a DUI Stay on Your Record in AZ?
Misdemeanor DUI in Arizona
- Standard DUI A standard DUI in Arizona is typically classified as a misdemeanor. This occurs when a person is found to have a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers and 0.00% for drivers under 21). Penalties for a first-time misdemeanor DUI conviction may include fines, jail time, license suspension, and the requirement to install an ignition interlock device. The Arizona Department of Transportation provides more information on the penalties for a standard DUI.
- Extreme and Super Extreme DUI An Extreme DUI occurs when a person’s BAC is 0.15% or higher, while a Super Extreme DUI is when their BAC is 0.20% or higher. Both of these charges are still considered misdemeanors; however, they carry more severe penalties than a standard DUI, including increased fines and longer jail sentences.
Felony DUI in Arizona
- Aggravated DUI A DUI becomes a felony, known as an Aggravated DUI, under certain circumstances. According to the Arizona State Legislature, these circumstances include:
- A third DUI offense within a 7-year period
- Driving under the influence with a suspended, canceled, or revoked driver’s license
- Driving under the influence with a passenger under the age of 15
- Penalties for Felony DUI The penalties for a felony DUI in Arizona are significantly more severe than those for a misdemeanor DUI. They can include mandatory prison time, substantial fines, license revocation, and the requirement to install an ignition interlock device upon license reinstatement.
How Chelle Law Can Help
- Building a Strong Defense If you are facing a DUI charge in Arizona, it is essential to have an experienced attorney on your side to build a strong defense. The team at Chelle Law will examine the evidence, identify any potential weaknesses in the prosecution’s case, and develop a strategy to minimize the consequences of your DUI charge.
- Navigating the Legal Process The legal process for a DUI charge can be complex and overwhelming. Chelle Law will guide you through every step, ensuring that you understand your options and make informed decisions about your case.
- Negotiating with Prosecutors In some cases, it may be possible to negotiate a reduction in charges or a favorable plea agreement. The attorneys at Chelle Law have extensive experience in negotiating with prosecutors and will work tirelessly to achieve the best possible outcome for your case.
Contact Chelle Law for Phoenix DUI Defense in Arizona
If you are facing a DUI charge in Arizona, contact Chelle Law for a consultation. Our team of experienced criminal defense attorneys will provide you with the guidance and representation you need to protect your rights and fight for the best possible outcome in your case. Can a DUI be Dismissed in AZ?
The classification of a DUI charge in Arizona as either a misdemeanor or a felony will significantly impact the potential penalties you may face. It is essential to understand the differences between these classifications and the circumstances under which your DUI charge may be considered a felony.
In addition to the information provided in this blog, the Arizona Governor’s Office of Highway Safety offers further resources and information on DUI laws and penalties in Arizona.
At Chelle Law, we understand the gravity of a DUI charge and the potential impact it can have on your life. Our team of experienced criminal defense attorneys is committed to providing the highest level of legal representation to those facing DUI charges in Phoenix, Arizona. Don’t hesitate to reach out to us for a consultation and let us help you navigate the complex legal process and fight for the best possible outcome for your case.
How many points is a DUI in AZ?
In Arizona, a DUI conviction results in 8 points being added to your driving record. Accumulating 8 or more points within a 12-month period may lead to consequences such as attending Traffic Survival School (TSS) or facing a suspension of your driving privileges for up to 12 months. It is crucial to be aware that a DUI conviction not only adds points to your record but also carries additional penalties, including fines, jail time, and license suspension or revocation, depending on the severity of the offense.
Is a DUI in Arizona a felony for the first offense?
In Arizona, a first-time DUI offense is typically classified as a misdemeanor. However, certain circumstances can elevate the charge to an aggravated DUI, which is a felony. These situations include driving under the influence with a revoked or suspended license, having a passenger younger than 15 years old, or driving in the wrong direction on a highway. It’s important to understand the specific circumstances of your case, as a felony DUI conviction carries more severe penalties than a misdemeanor DUI offense.
