Phoenix Office

5925 West Gambit Trail Phoenix, Arizona 85083
Office: (480) 745-2221
Cell: (480) 480-241-6208
Email: [email protected]

Operating Hours: 24/7 – 7 Days a Week

Call Now: (480) 745-2221

Felony DUI (Aggravated)

What Is a Felony DUI in Arizona?

A Felony DUI in Arizona, also known as an Aggravated DUI, is a more serious charge than a standard DUI and carries severe penalties. While most DUI charges are classified as misdemeanors, certain circumstances can elevate a DUI to a felony. Felony DUI charges are governed by A.R.S. § 28-1383, and they apply when aggravating factors, such as repeat offenses, driving on a suspended license, or having a child in the vehicle, are present. A felony DUI conviction can lead to long-term consequences, including significant prison time, loss of driving privileges, and a permanent criminal record.

Arizona has some of the toughest DUI laws in the country, and the penalties for a felony DUI reflect the state’s commitment to preventing impaired driving. If you are facing a felony DUI charge, it’s essential to understand the serious nature of these charges and the potential impact on your life. Having an experienced legal defense is critical in protecting your rights and minimizing the consequences.

What Constitutes a Felony DUI in Arizona?

Several aggravating factors can elevate a standard DUI to a felony DUI in Arizona. These factors include:

  • Third DUI Conviction Within 7 Years (84 months): If you are convicted of a third DUI within seven years, the charge will be elevated to a felony DUI, regardless of your blood alcohol concentration (BAC). Even if your prior DUIs were for non-extreme BAC levels, a third conviction within this time frame results in a Class 4 felony.
  • DUI with a Suspended, Revoked, or Restricted License: Driving under the influence while your license is suspended, revoked, or restricted automatically results in a felony DUI charge. This applies regardless of whether your suspension was due to a previous DUI or another traffic violation.
  • DUI with a Child Passenger Under 15 Years Old: If you are arrested for DUI while a child under the age of 15 is in the vehicle, you will face felony DUI charges. This is considered a Class 6 felony, and the presence of a minor increases the seriousness of the offense.
  • DUI Involving an Ignition Interlock Device Violation: If you are required to have an ignition interlock device (IID) installed on your vehicle due to a previous DUI and you are caught driving without one, or bypassing the device, this can lead to felony DUI charges.
  • DUI Resulting in an Accident Causing Injury or Death: If your DUI leads to a car accident that causes serious injury or death to another person, you can be charged with vehicular manslaughter or aggravated assault in addition to a felony DUI. These are some of the most serious charges and carry long prison sentences if convicted.

Penalties for Felony DUI in Arizona

Felony DUI penalties in Arizona are significantly more severe than those for a misdemeanor DUI. The penalties vary depending on the specific aggravating factors, but they generally include:

  • Prison Time: A conviction for felony DUI can result in prison sentences ranging from 4 months to several years. For a Class 4 felony DUI (such as a third DUI within 7 years), the minimum prison sentence is 4 months, with the possibility of longer sentences if aggravating factors are present.
  • Fines and Fees: Felony DUI convictions come with hefty fines, which can total $4,000 or more, including surcharges, court costs, and mandatory contributions to public safety programs.
  • License Revocation: Upon conviction for a felony DUI, your driver’s license will be revoked for a minimum of 1 year. After the revocation period, you may need to install an ignition interlock device for up to 24 months and complete other requirements to regain driving privileges.
  • Probation and Treatment Programs: In addition to prison time and fines, felony DUI offenders are often required to complete alcohol or drug treatment programs, undergo mandatory counseling, and adhere to strict probation terms.
  • Criminal Record: A felony DUI conviction results in a permanent criminal record, which can severely impact your ability to secure employment, housing, loans, or professional licenses. The long-term effects of a felony conviction can be devastating for your personal and professional life.

Defending Against Felony DUI Charges

At Sheldora Law, we know that a felony DUI charge is a serious matter with life-altering consequences. Our experienced legal team is committed to providing a strong defense for clients facing felony DUI charges. We thoroughly investigate every detail of the case, challenge the evidence, and explore all possible defenses to reduce or dismiss the charges.

Common defenses against felony DUI charges include:

  • Challenging the Validity of the Traffic Stop: Law enforcement must have reasonable suspicion to stop your vehicle. If the officer lacked a valid reason to pull you over, the evidence obtained from the stop may be inadmissible in court, potentially leading to a dismissal of the charges.
  • Contesting BAC Test Results: Breathalyzer and blood tests must be administered and calibrated properly to provide accurate results. We will investigate whether the testing equipment was maintained correctly or if any procedural errors occurred during the testing process.
  • Medical Conditions or Prescription Medications: Certain medical conditions or medications can result in falsely elevated BAC levels. If this applies to your case, we may be able to use this as a defense to challenge the validity of the DUI charge.
  • Violation of Constitutional Rights: If law enforcement violated your constitutional rights during the investigation, arrest, or testing process (such as conducting an unlawful search), we can challenge the admissibility of the evidence and potentially have the charges reduced or dismissed.

Why You Need Legal Representation for a Felony DUI

A felony DUI conviction can have long-term consequences that impact every aspect of your life, from your freedom to your employment prospects. Without experienced legal representation, you risk facing the maximum penalties, including prison time and permanent damage to your reputation. At Sheldora Law, we have extensive experience handling felony DUI cases, and we are dedicated to protecting your rights and minimizing the impact of these charges on your future.

Our legal team will work tirelessly to explore all defense options, challenge the evidence against you, and negotiate for the best possible outcome. Whether we are fighting to have the charges reduced, negotiating a plea deal, or defending you in court, we are committed to providing the highest level of legal representation.

Conclusion

Facing a felony DUI charge in Arizona can be overwhelming, but you don’t have to go through it alone. At Sheldora Law, we are dedicated to defending individuals charged with felony DUI and ensuring their rights are protected throughout the legal process. With the right defense strategy, you can fight back against these serious charges and protect your future.

If you or a loved one has been charged with a felony DUI, contact Sheldora Law today for a consultation. We’ll review your case, explain your legal options, and work with you to build a defense strategy tailored to your needs.