Felony DUI
Arizona takes a stern approach in handling DUI cases. The state's high number of reported traffic fatalities serves as a clear justification for this. Regardless of whether it is a misdemeanor or felony, all types of DUI offenses in Arizona are subject to imprisonment, steep penalties, and strict requirements for license and ignition interlock devices.
What Actions Can Lead to a DUI Being Classified as a Felony in Arizona?
In Arizona, the statute §28-1383 of the A.R.S. is responsible for regulating Aggravated DUI. The state has made five specific actions punishable under the category of Aggravated DUI.
- License suspension is enforced for those convicted of driving under the influence of alcohol or drugs, as stated in A.R.S. §28-1383(A)(1).
- If a person has been convicted of three or more DUIs within 84 months, they will face license suspension, according to A.R.S. §28-1383(A)(2).
- Driving with a person under the age of 15 years in the vehicle is a violation that can result in license suspension, as per A.R.S. §28-1383(A)(3).
- Those charged with a DUI offense are required to have an Ignition Interlock Device installed in their vehicle, as stated in A.R.S. §28-1383(A)(4).
- Driving in the wrong direction on a highway is a punishable offense that can lead to license suspension, as per A.R.S. §28-1383(A)(5).
Enhanced DUI: Suspension, Revocation, Cancellation, and Restrictions on Driver's License
Driving under the influence (DUI) with a suspended, revoked, or restricted license (due to a previous DUI) is considered a Class 4 Felony under this section. This offense is only charged by the State if the individual's license issues are a result of previous DUIs, although there are exceptions. The statute does not mandate prior DUI issues, except in cases of a license "restriction".
If a person is convicted for the first time in Arizona, they will have to serve a minimum of 4 months in the Department of Corrections and be supervised for up to 10 years. However, if they have previous felony convictions, they may be sentenced to up to 15 years in prison. It is important to note that Aggravated DUI is considered a "felony moving violation" by the DMV and will result in a one-year revocation of the driver's license, which could potentially be longer. Unfortunately, there is no option for a restricted license in this case.
Third or subsequent offense of Arizona DUI statute within 84 months classified as Aggravated DUI
DUI charges that fall under this particular section are considered a Class 4 Felony. This particular DUI offense is classified as a felony for obvious reasons. The government has a strong vested interest in regulating road accidents, injuries, and fatalities. It has been well established for many years that there is a direct correlation between impaired driving and highway accidents.
Similar to the previous felony theory, a person who commits a first-time offense in this case will be required to spend a minimum of 4 months in the department of corrections while on probation. The term of supervised probation can extend up to 10 years. In addition, someone with previous felony convictions could potentially face a prison sentence of up to 15 years. As mentioned earlier, this is considered a "felony moving violation" and will result in a mandatory one-year revocation of the offender's driver's license.
DUI with Aggravating Circumstance: Minor under 15 Years of Age as Passenger
According to this concept, committing a DUI with a passenger who is 14 years old or younger is considered a Class 6 Felony in Arizona. This means that the state aims to safeguard the safety of minors. This theory acknowledges that minors are incapable of protecting themselves from the reckless choices of adults.
This particular theory does not have a mandatory minimum prison sentence as part of probation, unlike the previously mentioned sections. Instead, the penalties for a first-time offense are equivalent to those of a first-offense misdemeanor DUI. However, there is a possibility of being under supervised probation for up to 10 years. For someone with a record of felony convictions, the maximum sentence is 5.75 years in prison, which is significantly less than the 15 years for Class 4 felony DUIs. Additionally, this theory is classified as a felony moving violation and may result in a one-year license revocation. However, the Department of Motor Vehicles (DMV) does offer restricted licenses after a 90-day "hard suspension".
Mandatory Ignition Interlock for Aggravated DUI Offenses
This passage states that this particular section is considered a Class 4 Felony. The use of an ignition interlock device mandates that an individual must provide a breath sample both before and during operating a vehicle. This requirement is enforced by the Arizona DMV for all DUI convictions and driving while impaired while under this requirement is considered a felony. The State's primary concern in making this action a felony is to safeguard the public from individuals who have a history of DUI offenses and may bypass measures put in place to prevent such behavior.
In contrast to the aforementioned Class 4 felony provisions, there is no stipulation for imprisonment as a condition of probation in this case. Nonetheless, an individual may be subject to a maximum of 10 years of supervised probation. Additionally, those with previous felony charges may face a sentence of up to 15 years in prison. Furthermore, this offense is considered a felony traffic violation and a guilty verdict will lead to a mandatory one-year suspension of the offender's driver's license.
DUI with Aggravating Circumstances: Driving in the Opposite Direction on a Highway
This particular section is classified as a Class 4 Felony as well. It is crucial to understand the definition of "wrong way on highway". According to A.R.S. § 28-1383(P)(2), it is defined as:
The term "wrong way" refers to the movement of a vehicle in a direction that goes against the legally designated flow of traffic. This definition does not encompass instances of crossing a median or a situation where a motor vehicle ends up facing the wrong way after a collision.
The preceding section removes the possibility of a State felony charge for Aggravated DUI if a driver under the influence veers into another lane on the road. Instead, the explicit wording classifies the act as an Aggravated DUI if the driver enters a freeway or highway in the wrong direction while impaired. The State's justification for making this behavior a felony is clear. The presence of impaired drivers on Arizona freeways is concerning and poses a significant threat to society in the form of high-speed accidents resulting in severe injuries or fatalities.
In this section, a person who commits a crime for the first time is obligated to spend a minimum of 4 months in prison as part of their probation. Additionally, they may also be subjected to 10 years of supervised probation. If the person has been convicted of a felony before, they may face up to 15 years in prison for a violation of this section. Furthermore, the individual's license will be revoked by the State for a minimum of 1 year.
In order to fully comprehend and value the intricacies and specifics of the Arizona Aggravated DUI law, it is advisable to seek the assistance of a qualified lawyer. Jeremy L. Huss, who has served as the primary trial lawyer in numerous DUI cases and possesses extensive knowledge in this field, is well-equipped to safeguard the rights and interests of individuals facing charges of Aggravated DUI in Arizona.