When is a DUI a Felony in Arizona?

In Arizona, the majority of DUI arrests involve misdemeanor charges. In some cases however – especially when aggravating circumstances are present – individuals can be prosecuted with felony DUI. Felonies are considered more serious offenses than misdemeanors. They carry harsher penalties – including minimum terms of imprisonment – and often result in long-term consequences that can affect your personal and professional future.

Aggravating Factors in Arizona DUI Cases

Under Arizona law, there are ways individuals can be charged with felony DUI. Here are some examples:

• Three DUIs in Seven Years – Multiple DUI convictions are considered an aggravating factor in DUI cases. As a result, motorists can face felony charges for a third DUI conviction within seven years. If you have two prior DUI convictions within the past 7 years and are arrested for a new DUI, you can face felony allegations.
• DUI with Minor Passenger ­– Arizona aggressively penalizes motorists who drive under the influence with children in the vehicle. If you are arrested for DUI with a minor passenger (under the age of 15) you can be charged with a felony.
• DUI with Suspended License – Felony charges can be prosecuted against drivers arrested for DUI while their driver’s license is suspended, canceled, revoked, or refused – or while there are restrictions placed on their license.
• DUI Causing Injury or Death – DUIs involving accidents that cause injuries or death are often the most harshly punished driving under the influence charges. As felonies, these charges can carry years of imprisonment.