Is DUI a Felony in Arizona? Understanding the Consequences

If you find yourself charged with a DUI in Arizona, you may be confused about what’s coming next. After all, each state has its own laws and sentencing guidelines, and they’re all slightly different.

To that end, it’s understandable to feel concerned about what might happen and wonder “is DUI a felony in Arizona?”

Fortunately, this article will explain the Arizona DUI law and penalties for driving under the influence specific to the state of Arizona so that you can gain a clear understanding of what lies ahead and plan for successful navigation of the legal process.

DUI in Arizona: Felony or Misdemeanor?

So, is a DUI a felony in Arizona? In many cases, a DUI case will be considered a misdemeanor in the state of Arizona, though there are some circumstances in which a DUI is considered a felony.¹

Let’s explore the criteria for each below.

Criteria for a Misdemeanor Charge

Both a first offense and a second offense within a seven-year period are categorized as a Class 1 misdemeanor DUI, though the subsequent offense will result in greater penalties if conviction occurs.

• The penalties for a first offense include a minimum of ten days of jail time, a total of $1,250 in fines and fees, completion of a traffic course, installation of an Ignition Interlock Device, and the possibility of community service.²
• The penalties for a second DUI in Arizona within a seven-year period include a minimum of ninety days of jail time (thirty of which must be consecutive), license suspension for one year, and thirty hours of community service, along with a minimum $3,000 in fines, mandatory courses, and a requirement to install an Ignition Interlock once the driving privilege is restored.

In either case, a suspended sentence, resulting in reduced jail time, may be available if the driver completes a court-ordered alcohol and drug screening, education, or treatment program. This option is available at the judge’s discretion.

Criteria for a Felony Charge

Is a DUI a felony in Arizona? In some cases, yes. A DUI can be charged as a felony in Arizona if it’s a driver’s third offense within a seven-year period, or if the DUI falls under the criteria for an aggravated DUI charge.³

Aggravated DUI

In Arizona, an aggravated DUI is a DUI that meets any of the following conditions:

• Is the third offense within a seven-year period
• Is committed with a suspended or revoked license
• Is committed while a person under fifteen years of age is in the vehicle

An aggravated DUI charge will result in a Class 4 felony and a penalty of up to two years imprisonment, a minimum of $2,500 in fines and fees, a mandatory treatment program, license suspension, and the installation of an Ignition Interlock for twenty-four months after driving privileges are restored.

Can Your First DUI Be a Felony in Arizona?

In most cases, a first DUI will result in a misdemeanor charge, as explained earlier. However, if that first DUI charge occurs while your driver’s license is inactive, or if a person younger than fifteen is in the vehicle, then even a first offense will fall under the category of aggravated DUI.

An aggravated DUI, even if a first offense, may still result in a felony DUI conviction.

Is Jail Time Mandatory for DUI in Arizona?

A DUI conviction in Arizona, whether a misdemeanor or felony charge, will include some jail time. A first DUI comes with a minimum of ten days in jail, while a second comes with ninety days.

However, if the driver completes an alcohol or drug education and treatment program, they become eligible for a suspended sentence of one day for a first offense or thirty days for a second. Even so, the jail time still appears on the driver’s record.

A felony conviction for an aggravated DUI in Arizona will require four to eight months in prison before the driver is eligible for a suspended sentence.

How Long Does a DUI in Arizona Stay on Your Record?

An Arizona DUI will never drop off your record entirely. Even so, after seven years, future convictions will be treated as first offenses.

Arizona also offers what’s known as a “set aside,” where, upon completion of the legal process resulting from a DUI conviction, a driver’s record can include a note that the court has granted official relief.

It’s not a full removal from your record, but it can help with background checks going forward.

Breathe Easy with Smart Start

In Arizona, DUIs can be considered felonies or misdemeanors depending on the circumstances surrounding them. However, in either situation, the state does require an Interlock Ignition Device to be installed on the vehicle for a certain period of time. Fortunately, there are also several ways you can achieve an Arizona Interlock early removal.

If you need Arizona Interlocks, choose Smart Start. For over 30 years, we’ve helped individuals complete the terms of their DUI sentences by providing the most reliable Interlock devices on the market, as well as efficient installation and 24/7 customer support.

Reach out today to learn more.

Sources:

1. Forbes Advisor. Arizona DUI Laws (2023 Guide). https://www.forbes.com/advisor/legal/dui/arizona-dui-laws/#arizona_penalties_for_repeat_dui_offenses_section
2. Arizona State Legislature. ARS § 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification. https://www.azleg.gov/ars/28/01381.htm
3. Arizona State Legislature. ARS § 28-1383. Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification; definitions. https://www.azleg.gov/ars/28/01383.htm
4. Forbes Advisor. How Long Does a DUI Stay on Your Record? https://www.forbes.com/advisor/legal/dui/how-long-does-dui-stay-on-record/