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Felony vs. Misdemeanor DUI In Arizona

Facing a misdemeanor DUI charge is serious as reflected in our other blogs this month, but facing an Aggravated DUI charge is much worse — and the penalties are even more severe and life altering. In Arizona, the “aggravated” part of the DUI in the title means you are facing a felony charge(s) with a possible prison sentence.

There are four violations that can result in a felony Aggravated DUI charge in Arizona:

1. Commits a DUI while driving on a suspended license;

2. Commits a DUI and the driver has had two or more DUI convictions in the past seven (7) years;

3. Commits a DUI while the driver is required to have an ignition interlock device installed in the vehicle; and/or

4. Commits DUI with minor child(ren) under the age of 15 in vehicle.

Even without any prior felonies on your record, if you are convicted of an Aggravated DUI under the first three provisions above, you are facing Class 4 Felony with a minimum mandatory sentence of four (4) months in prison (not jail). This can be a terrifying experience for anyone, as you will be sent to the State Penitentiary with serious criminals, like murders and rapists, and you may lose the ability to maintain your employment and support your family.

If you or a loved one have been arrested and charged with an Aggravated DUI in Arizona, you need an aggressive, experienced attorney to protect your rights and help guide you through the criminal process. If you would like to work with one of our experienced criminal defense attorneys, please call OWENS & PERKINS at (480) 994-8824 to schedule your free 30-minute consultation.