Is a DUI a felony or Misdemeanor in Arizona

 

Most standard DUI charges in Arizona are misdemeanors. However, there are circumstances where your charges can be elevated to a felony.

Aggravated DUI

Under ARS 28-1383, a DUI charge is considered aggravated if any of the following is true:

  • You were arrested for drinking and driving while your license was suspended or revoked.
  • You have had two other DUI arrest within 7 years.
  • A child 15 years old or younger was in the car during the time of your arrest.
  • A judge had required you to install an ignition interlock device prior to your arrest.

Extreme DUI

Under ARS  28-1382, a DUI is considered extreme if you drive or are in actual physical control of a vehicle within 2 hours of your BAC being 0.15 -0.20( a regular DUI is .0.08-0.15 and s super extreme DUI is above .20)  because you were drinking before or while driving or in actual physical control of a vehicle.

While these are the most common reasons your DUI could be elevated to a felony charge, they are not the only reasons.

Make sure you talk to an experienced Phoenix DUI attorney from Tyler Allen Law Firm to make sure you are getting the best possible defense. Call us today at (602)456-0545.

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