Arizona Third-Offense DUI Lawyer
A third DUI in Arizona within 84 months is no longer a misdemeanor, it is an aggravated (felony) DUI under A.R.S. 28-1383, a Class 4 felony with a mandatory minimum of 4 months in prison, a permanent felony record, and long license revocation. Call us before you say anything to police.
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Is a Third DUI a Felony in Arizona?
Quick answer: Yes. A third DUI within 84 months is charged as an aggravated (felony) DUI under A.R.S. § 28-1383, a Class 4 felony. It carries a mandatory minimum of 4 months in the Arizona Department of Corrections (prison, not jail) that probation cannot eliminate, plus thousands in fines, a license revocation, and a 2-year ignition interlock. Because the felony depends on three qualifying priors inside the window, defeating or excluding a prior, or the current stop and testing, is the heart of the defense.
Both Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending third-offense DUI and other DUI cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
If you’ve been charged with third-offense DUI in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 28-1383, the penalties, and the defenses that matter most.
Is a Third DUI a Felony in Arizona?
Yes. A third DUI within 84 months is charged as an aggravated (felony) DUI under A.R.S. § 28-1383, a Class 4 felony. It carries a mandatory minimum of 4 months in the Arizona Department of Corrections (prison, not jail) that probation cannot eliminate, plus thousands in fines, a license revocation, and a 2-year ignition interlock. Because the felony depends on three qualifying priors inside the window, defeating or excluding a prior, or the current stop and testing, is the heart of the defense.
How Much Jail Time for a Third DUI?
Arizona sets mandatory minimum jail (or prison) that climbs with each prior offense and with your blood-alcohol level. The table below shows the minimums for a first, second, and third DUI across the standard, extreme, and super extreme tiers. For a third offense the charge becomes a felony with a 4-month prison minimum.
How the 84-Month “Look-Back” Works
Arizona counts prior DUIs within 84 months (seven years) of the current offense to decide whether it is a first, second, or third DUI. A prior that falls outside the window, was obtained without a lawyer, or is otherwise invalid may not count, which can drop your penalties to a lower tier. We pull and scrutinize the record behind every alleged prior.
Defending a Third-Offense DUI
Every DUI still rests on a valid stop, a reliable breath or blood test, and proof you were actually impaired while driving. We challenge the reasonable suspicion for the stop, the calibration and administration of the testing, rising-BAC, and the chain of custody, the same pressure points that win first-time cases and that can dismantle a felony charge.
Estimate DUI Jail Time
Arizona DUI Jail-Time Estimator
Third DUI Jail-Time Escalation
Arizona DUI penalties are driven by two things: how many prior DUIs you have in the last 84 months, and your BAC. Here is how the mandatory minimum jail time climbs.
| Offense (within 84 months) | Standard DUI (.08–.149) | Extreme DUI (.15–.199) | Super Extreme (.20+) |
|---|---|---|---|
| 1st offense | 10 days | 30 days | 45 days |
| 2nd offense | 90 days | 120 days | 180 days |
| 3rd offense | Felony: 4 months prison | Felony: 4 months prison | Felony: 4 months prison |
Minimums only; on a first offense a court may suspend part of the jail term after alcohol screening. A 3rd DUI within 84 months is an aggravated (felony) DUI under A.R.S. 28-1383.
What the State Must Prove for Third-Offense DUI
To convict you of Third-Offense DUI under A.R.S. § 28-1383, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Driving or actual physical control. You were driving, or in actual physical control of, a vehicle.
- 2Impairment or a prohibited BAC. You were impaired to the slightest degree, or had a BAC of .08 or more (.15+ for extreme, .20+ for super extreme).
- 3Three qualifying priors in 84 months. For a felony third DUI, the State must prove three prior DUI convictions within the 84-month window.
- 4A valid stop and testing. That the stop was lawful and the breath or blood testing was properly conducted, both are required and both are challengeable.
Examples of Conduct Charged as Third-Offense DUI
- A third DUI with a BAC of .08 to .149 (standard)
- A third extreme DUI (.15 to .199)
- A third super extreme DUI (.20 or higher)
- A third impaired-driving arrest within seven years (charged as aggravated DUI)
What Sentence Could You Actually Face?
A third DUI in 84 months is a Class 4 felony with a mandatory 4-month prison minimum; priors and BAC drive it higher.
Class 4 Felony
3rd DUI in 84 mo
With Priors
Category 2/3
License & Interlock
Collateral
⚠ A Third DUI Means Mandatory Prison
A third DUI in 84 months is a felony aggravated DUI with a mandatory 4 months in prison that probation cannot waive. The single most valuable outcome is defeating or excluding one of the alleged priors so the case drops out of the felony range, or challenging the underlying stop and testing. This is not a charge to face without an experienced felony DUI defense team.
How We Fight Arizona Third-Offense DUI Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Stop & the Case
No Reasonable Suspicion for the Stop. If police lacked a lawful reason to pull you over, the evidence that followed can be suppressed.
Breath-Test Errors. Intoxilyzer machines must be calibrated and maintained; radio interference, mouth alcohol, and operator error inflate readings.
Blood-Draw & Chain-of-Custody Problems. An improper draw, unqualified phlebotomist, fermentation, or a broken chain can make a blood result inadmissible.
Rising BAC. Your BAC may have been below the limit while driving and only rose by the time of testing; the State must prove your level at the time of driving.
No Actual Physical Control. Sitting in a parked car is not always driving.
Attacking the Priors & the Felony
Priors Outside 84 Months. A prior DUI that falls outside the seven-year window does not count, which can drop the offense to a lower tier.
Invalid or Uncounseled Priors. A prior obtained without a lawyer or a valid waiver may not be usable to elevate the new charge.
Defeating the Felony Count. Without three qualifying priors, the felony aggravated DUI count cannot stand.
Mitigation & Screening. Treatment, screening, and a strong record can reduce jail time and protect your license.
The Experts We Bring to the Table
Drug cases are built on lab reports, searches, and informants. We bring the specialists who take them apart.
Forensic Chemists & Toxicologists
Drug ID & Weight
Independently test the substance and its usable weight, the elements the State must prove, and expose flawed lab work.
Search & Seizure Analysts
How the Drugs Were Found
Reconstruct the stop, the search, and the warrant to find the Fourth Amendment violations that get evidence suppressed.
Informant & Buy Experts
Controlled Buys
Scrutinize confidential informants, controlled-buy procedure, and inducement, the weak core of many sale cases.
Chain-of-Custody Analysts
Evidence Handling
Trace the drugs from seizure to lab and expose gaps, mislabeling, and contamination that make the evidence unreliable.
Digital Forensics Experts
Texts & ‘For Sale’ Proof
Examine phone and message evidence the State uses to argue intent to sell, and challenge what it actually proves.
Treatment & Mitigation Specialists
Drug Court & Diversion
Build the case for TASC, drug court, and treatment-based resolutions that avoid a conviction or prison.
Recent Third-Offense DUI Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles third-offense DUI cases across Arizona.
Third DUI, Bad Stop
Charges Dismissed
We suppressed the stop and the breath test, and the case was dismissed.
Third DUI, Breath Test
Reduced
Calibration and maintenance failures undercut the reading and the charge was reduced.
Third DUI, Prior Excluded
Tier Reduced
An alleged prior fell outside 84 months and was excluded, dropping the penalties to a lower tier.
Third DUI, Rising BAC
Not Guilty
We showed the BAC rose after driving; the jury acquitted.
Third DUI, Blood Draw
Suppressed
A warrantless blood draw was suppressed, gutting the State’s proof.
Third DUI, Mitigation
Minimum Sentence
Strong mitigation secured the statutory minimum and protected our client’s license.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for a Phoenix third DUI lawyer, third DUI in Arizona, jail time for a third DUI, and a Scottsdale DUI attorney. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend third-offense DUI and other DUI cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona dui charges practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Commonly Charged With
First-Offense DUISecond-Offense DUIExtreme DUIAggravated DUIAll Arizona DUI ChargesArizona Third-Offense DUI FAQs
Quick answers to the questions we hear most about third-offense DUI charges, penalties, and defenses in Arizona.
Is a Third DUI a Felony in Arizona?
Yes. A third DUI within 84 months is charged as an aggravated (felony) DUI under A.R.S. § 28-1383, a Class 4 felony. It carries a mandatory minimum of 4 months in the Arizona Department of Corrections (prison, not jail) that probation cannot eliminate, plus thousands in fines, a license revocation, and a 2-year ignition interlock. Because the felony depends on three qualifying priors inside the window, defeating or excluding a prior, or the current stop and testing, is the heart of the defense.
How much jail time is a third DUI in Arizona?
A third DUI in 84 months is a felony with a mandatory minimum of 4 months in prison.
How does Arizona count prior DUIs?
Arizona looks back 84 months (seven years). A prior within that window elevates the offense; a prior outside it, or an invalid prior, may not count.
Is a third DUI always a felony in Arizona?
A third DUI within 84 months is an aggravated (felony) DUI. Older priors outside the window may keep it a misdemeanor, which is why the dates matter.
Can a third DUI be dismissed or reduced?
Yes. DUIs are frequently dismissed or reduced by challenging the stop, the breath or blood testing, impairment, or the validity of a prior. Every case is different.
Should I talk to the police?
No. Provide your documents, then politely decline to answer questions and ask for a lawyer. Statements about drinking are exactly what the State uses against you.
Can I refuse a breath or blood test in Arizona?
Arizona’s implied-consent law means refusing a test triggers an automatic 12-month license suspension, and police can still get a warrant for your blood. Whether you refused or not, the testing is challengeable.
Will I get a real attorney or a junior associate?
At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- A third-offense DUI in Arizona is an aggravated (felony) DUI, a Class 4 felony under A.R.S. § 28-1383.
- A 3rd DUI within 84 months carries a mandatory minimum of 4 months in prison that probation cannot waive.
- Jail climbs with every prior and with BAC: see the escalation table below.
- Whether a prior counts depends on the 84-month window and the validity of each conviction, both are challengeable.
- Most DUIs are won on the stop, the breath or blood test, and proof of impairment.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.