Felony DUI in Arizona

If you are facing a felony DUI charge, we understand the gravity of the situation and the potential consequences you may be facing. Our experienced attorneys are here to provide you with comprehensive legal guidance and a robust defense strategy tailored to your specific case. Let’s delve into the details of felony DUI, the relevant statutes, potential consequences, defenses, and how Tamou Law can assist you.

A felony DUI in Arizona occurs when an individual is charged with driving or being in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination thereof, and meets certain aggravating factors. Felony DUI charges are more serious than misdemeanor DUI charges due to the increased potential for harm caused by the offense.

The Felony DUI Statute in Arizona

A.R.S. §28-1383(A): This section establishes the offense of felony DUI and states that it is unlawful for an individual to operate a vehicle while under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance, or a combination thereof, and meet one of the following aggravating factors:

  1. Third DUI within 84 months (7 years): If a person has two prior DUI convictions within a span of 84 months, a subsequent DUI offense will be charged as a felony.
  2. DUI while driving on a suspended, canceled, revoked, or restricted driver’s license: If a person is arrested for DUI and their driver’s license is suspended, canceled, revoked, or restricted at the time of the offense, it can elevate the charge to a felony.
  3. DUI with a passenger under 15 years of age: If a person is arrested for DUI and has a passenger who is under the age of 15 in the vehicle, it can result in a felony charge.

The Statute also includes language stating that “wrong-way drivers” and those who commit a DUI while having ignition interlock devices installed within their vehicles can also fall within the felony statute.

Potential Consequences of Felony DUI

Felony DUI convictions carry severe consequences in Arizona. Here are the potential penalties you may face:

  1. Incarceration: If convicted of felony DUI, you may face a mandatory prison sentence. The length of the prison term varies depending on the specific circumstances of the case, including prior DUI convictions and aggravating factors. Felony DUI sentences can range from several months to several years.
  2. Fines and Fees: Felony DUI convictions come with substantial fines and fees. The exact amount will depend on the court’s discretion and the specific details of your case.
  3. Probation: In some cases, the court may impose probation instead of or in addition to incarceration. While on probation, you will be required to comply with specific conditions, such as regular check-ins, avoiding further criminal offenses, and attending mandatory counseling or treatment programs.
  4. Driver’s License Revocation: A felony DUI conviction will result in the revocation of your driver’s license. The length of the revocation period will depend on the specific circumstances and may be significantly longer than for misdemeanor DUI offenses.
  5. Ignition Interlock Device: Depending on the circumstances, the court may require the installation of an ignition interlock device in your vehicle. This device requires you to provide a breath sample before starting your car. If alcohol is detected in your breath, the vehicle will not start. The duration of the ignition interlock device requirement will depend on the specifics of your case.
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Sentencing Guidelines for Felony DUI

The severity of DUI penalties in Arizona depends on the nature of the offense and any prior DUI convictions. The following are the general sentencing guidelines:

If convicted of felony DUI, you may face a mandatory prison sentence. The length of the prison term depends on various factors, including prior DUI convictions, aggravating factors, and other circumstances. The potential jail sentences are as follows:

  • Third DUI within 84 months: A conviction for a third DUI offense within 84 months is a class 4 felony and carries a minimum prison term of 4 months up to a maximum of 3.75 years.
  • DUI while driving on a suspended, canceled, revoked, or restricted license: A conviction for felony DUI while driving on a suspended, canceled, revoked, or restricted license is a class 4 felony and carries a minimum prison term of 4 months up to a maximum of 3.75 years.
  • DUI with a passenger under 15 years of age: A conviction for felony DUI with a passenger under 15 years of age is a class 6 felony and carries a minimum prison term of 10 days up to a maximum of 2 years and 6 months.

Defending Against Felony DUI Charges

When facing a Felony DUI charge, several defenses can be pursued to challenge the prosecution’s case. Some common defenses include:

  • Challenging BAC testing accuracy: The accuracy of blood, breath, or urine tests used to determine BAC levels can be challenged based on issues with calibration, handling of samples, or procedural errors.
  • Questioning the legality of the stop: If law enforcement lacked reasonable suspicion or probable cause to initiate the traffic stop, the legality of the stop itself can be challenged.
  • Disputing field sobriety tests: Field sobriety tests are subjective and can be influenced by various factors. Challenging the administration or interpretation of these tests can weaken the prosecution’s case.

How We Do It

  1. Conducting a comprehensive review and analysis of your case’s facts
  2. Contesting the evidence presented by the prosecution
  3. Identifying weaknesses in the State’s case
  4. Negotiating with the State for reduced charges or alternative sentencing options

Contact Us Today

At Tamou Law Group PLLC, we understand the stress and uncertainty that comes with facing DUI and traffic offense charges. Our experienced attorneys will guide you through the legal process and vigorously defend your rights. If you or a loved one has been charged with a Felony DUI or traffic offense in Arizona, contact us today at 623-321-4699 for a free consultation.