Driving under the influence is treated seriously across the United States, but Arizona enforces some of the toughest DUI laws in the country. While many DUI offenses begin as misdemeanors, certain circumstances can elevate a charge to a felony. Understanding when this happens is essential for anyone facing DUI allegations or seeking clarity about Arizona law. This article explains when a DUI becomes a felony in Arizona, focusing on ARS 28-1383 and how aggravated DUI charges are defined.
Understanding DUI Classifications in Arizona
Arizona law separates DUI offenses into misdemeanor and felony categories based on the severity of the conduct and the driver’s history. A standard DUI often involves impairment by alcohol or drugs above the legal limit. However, felony DUI charges apply when aggravating factors are present. These cases are prosecuted under ARS 28-1383, which outlines the conditions that make a DUI more serious and subject to harsher penalties.
What Is ARS 28-1383?
ARS 28-1383 is the statute that governs felony DUI offenses in Arizona. It specifies situations in which a DUI is considered aggravated rather than routine. The law focuses on repeat behavior, risks to public safety, and violations that show a disregard for legal restrictions. When a case falls under this statute, the penalties can include prison time instead of local jail, longer license suspension periods, and lasting consequences on a person’s criminal record.
Situations That Turn a DUI Into a Felony
A DUI becomes a felony in Arizona under several common scenarios. One of the most frequent involves driving on a suspended, revoked, or restricted license at the time of the DUI. Courts view this as an intentional violation of existing legal penalties.
Another situation involves repeat offenses. A third DUI within seven years is typically charged as a felony, reflecting a pattern of behavior rather than a single mistake. Additionally, any DUI committed while a person is required to have an ignition interlock device can be charged under ARS 28-1383.
Transporting a minor also increases the severity of a DUI. If a child under the age of fifteen is in the vehicle during the offense, prosecutors may pursue felony charges due to the heightened risk involved.
Why Aggravated DUI Charges Are So Serious
An aggravated DUI Arizona charge carries consequences far beyond those of a misdemeanor. Convictions often result in mandatory prison sentences, significant fines, and extended license revocation periods. Unlike misdemeanor DUIs, felony convictions can permanently affect employment opportunities, professional licenses, and housing options.
Judges have limited discretion in these cases because Arizona law imposes mandatory minimum penalties. Even first-time felony DUI offenders may face incarceration, making early legal guidance critical.
Legal Process and Defense Considerations
Felony DUI cases are handled in superior court rather than municipal or justice courts. Prosecutors must prove not only impairment but also the aggravating factor that elevates the charge. It is common for defense lawyers to question whether the traffic stop was legal, whether the testing methods were correct, or whether the condition that was said to make things worse really existed at the time of the arrest.
Because the consequences are severe, individuals facing felony DUI allegations often seek immediate legal representation to review evidence, negotiate charges, or explore alternative sentencing options where possible.
Long-Term Impact of a Felony DUI Conviction
A felony DUI conviction can follow a person for life. Beyond incarceration and fines, individuals may face higher insurance costs, loss of civil rights, and mandatory substance abuse treatment programs. These long-term effects underscore why Arizona treats aggravated DUI offenses as a major public safety issue.
Conclusion
A DUI becomes a felony in Arizona when aggravating factors outlined in ARS 28-1383 are present. These include repeat offenses, driving on a suspended license, transporting minors, or ignoring court-ordered restrictions. Understanding how these laws work can help drivers recognize the seriousness of felony DUI charges and the importance of addressing them promptly and responsibly.
