Arizona Felony DUI Laws


Could your Arizona DUI (driving under the influence) drunk driving arrest be a felony DUI? Actually, it’s a common question.

In Arizona, most DUIs are misdemeanors.

However, there are three different ways your Arizona DUI can be a “Felony DUI.” Your blood alcohol concentration (BAC) applies to these as well as to DUI misdemeanor arrests.

If you want to read it, the Arizona felony DUI alcohol law is set forth in A.R.S. §28-1383. Here’s a brief summary.

A.R.S. §28-1383(A)(1): You received your DUI while your license was suspended for any reason or restricted due to a DUI. This is a class three felony.

A.R.S. §28-1383(A)(2): This is at least your third DUI within five years. That is, you have at least two prior DUI convictions within five years of your new DUI. This is a class three felony.

A.R.S. §28-1383(A)(3): You received your DUI when you had a child in your vehicle that is under 15 years old. This is a class six felony.

If your Arizona DUI falls within any of these three categories it is a felony. Felony DUIs are serious as the class three have mandatory prison sentences and three year revocations of your driver’s license.

It is possible to be cited with other felonies related to your DUI such as manslaughter. However, these are not DUI charges, they are other felony offenses that may have arose as a result of your driving, such as causing a fatal or serious injury accident, while DUI.

And this is something you need to care about . . . as you can see by the penalties I’ve mentioned above. And also because an Arizona DUI defense lawyer who focuses on DUI defense may be able to significantly help your DUI defense case. (But make sure you read my report "How to Choose an Arizona DUI Drunk Driving Lawyer" before you visit any lawyers you are considering. Picking the wrong one can actually make your situation worse.)

If you would like to meet with me to discover how your DUI case may be defended and your license may be saved, then simply call me today at 480-668-4845. You'll get a free consultation, and you'll learn exactly what your options are.

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