Arizona DUI - Felony or Misdomeanor?

A DUI charge is a serious offense that can result in being convicted of a misdemeanor or felony conviction in Arizona. Typically, DUI charges are misdemeanors in Arizona unless they are of an extreme nature, or are repeated DUI offenses. The following article will list the related DUI Felony charges in Arizona and their consequences on your life.

DUI offenses in Arizona that relate to a Felony charge

The typical DUI offenses that will result in Felony charges are as followed: A 3rd DUI within 5 Years, a DUI with a License Suspended or Restricted, or a DUI with a child under 15 years old in the vehicle.

For a 3rd DUI charge within 5 years or a DUI with a suspended or restricted license, you will likely receive a class 4 felony, with a 4 month minimum prison sentence and a maximum of 10 years, based on previous felony convictions or charges. After 4 months, you may be eligible for probation or suspension of the sentence if possible. If you are granted probation, you must submit to alcohol treatment and counseling.  You license will be revoked for three years. You will be placed on probation for up to five years. The fines outlined by Arizona can allow for up to $150,000, with an additional $250.00 assessment to the Arizona DUI abatement fund, and an additional $1,500.00 assessment. Your vehicle can be seized if you owed it at the time of your DUI arrest.

For a DUI with a child under 15 years old in your vehicle, you receive a class 6 felony conviction, which will require you to serve the jail time required for the DUI misdemeanor conviction it would have been without the “aggravating” circumstances (typically 30-120 days in jail). If you are granted probation, you must submit to alcohol treatment and counseling.  You license will be revoked for three years. You will be placed on probation for up to five years. The fines outlined by Arizona can allow for up to $150,000, with an additional $250.00 assessment to the Arizona DUI abatement fund, and an additional $1,500.00 assessment. Your vehicle can be seized if you owed it at the time of your DUI arrest.

Arrest and Court Procedures

At the time of your arrest, you will be placed in jail until bail is posted or you appear before the judge. If it is a simple DUI misdemeanor arrest, you will usually be booked and be free to leave, assuming you have someone who can drive you home. In the case of a felony DUI, you may be allowed to be released pending your hearing, or you will be taken into custody. At this preliminary hearing, which will usually take place within 24 hours of your arrest, you will enter a guilty or not guilty plea. From there, you will go to a pretrial conference to negotiate a possible early resolution of the case, or go on to trial. Early resolutions are encouraged so as to get the case off the calendar and reach a solution that will please the prosecution and the defendant. Once at trial, you will present evidence in your favor, and the prosecution will present its evidence as well. If you are convicted, you will receive your sentence at the end of trial.

Effect on Records and Employment

Because it is a felony, the DUI conviction will stay on your record permanently in that police will have access to it. However, after a finishing your probation and paying off your fines, you may be able to motion the court to have your record expunged, meaning you would not have to disclose the felony to any potential employers and it will not show up on background searches by employers. Expungement is not guaranteed, and will depend on your performance on probation and any subsequent law violations.

As long as it remains on your record, you will need to report the felony on any job application that requires it, and will greatly effect your ability to get a job if the job requires driving.

Felony DUI Defense Options

At your hearing, you can plead guilty, not guilty, or no contest (essentially a guilty plea that you do not admit to). If you plea not guilty, some of the likely defense options will include: pleading to a lesser charge, challenging the results of the sobriety tests based on defect or error, medication effect that results in a false positive, and many others. These defense options are best explained and argued by experienced DUI lawyers.

Getting Help from a Lawyer

If you are charged with a felony DUI, the most important thing to do is to retain an experienced DUI lawyer to handle your matter and ensure that your rights are protected. Without a lawyer to help, you may plea to an agreement that is not in your favor, and jeopardize your chances of getting a lesser sentence and expunge your record at a later date. Having an experienced DUI lawyer may help you beat your DUI charge if the facts and circumstances support a defense possibility.