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Felony DUI Penalties in Arizona

Felony DUI Penalties

What Makes a DUI a Felony in AZ? Know the Facts.

Felony convictions have mandatory penalties under Arizona law. This includes convictions for Class 4 Aggravated DUI and Class 6 Aggravated DUI.

What Is a Felony?

Arizona defines a felony as an offense for which you can be sentenced to a term of prison in the Arizona Department of Corrections. Arizona classifies felonies by the potential range of prison the law permits for a conviction.

The lowest class (i.e. smallest possible penalties) of a felony is a class six (6). The smaller the number associated with the offense – the more serious the felony. Thus, a class five (5) felony is more serious than a six felony. And it also has harsher potential penalties. 

What Is an Undesignated Felony?

A.R.S. Section 13-604(a) provides:

Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. 

The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor. 

This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies.

What Kinds of DUI Are Felonies in Phoenix and Scottsdale, AZ?

A felony DUI in Arizona is called Aggravated DUI. Within this group of offenses, there are different levels of felonies.

Aggravated DUI cases are either Class Six (6) Felonies or class Four (4) Felonies. 

Mitigated, Presumptive, Aggravated (Sentencing Ranges)

A felony DUI in Arizona is called Aggravated DUI. Within this group of offenses, there are different levels of felonies.

Aggravated DUI cases are either Class Six (6) Felonies or class Four (4) Felonies. 

Different Classes of Felonies

Class 1 Felonies (Harshest)

  • First-degree murder
  • Second-degree murder 
    Both these types of murder in Arizona are eligible for the death penalty or life imprisonment. Second-degree murder is punishable by 16 years’ to life imprisonment. Arizona Revised Statutes, Sections 13-705, 13-706, 13-710, 13-1104.

Class 2 Felonies

  • Aggravated Assault on a police officer is an example of a class two felony.

Class 3 Felonies

  • Theft of Mean of Transportation is an of a Class Three (3) felony in Arizona.

Class 4 Felonies

  • Aggravated DUI because of a suspended license or a third offense is a class four felony.

Class 5 Felonies

  • Theft 

Statute​ of Limitations

Class 2 - Class 6 Felonies

For Class Two (2) through Class Six (6) felonies prosecutions must be commenced within seven years.

No Time Limit Crimes

Prosecution for the following offenses have no statute of limitations:

  • Homicides
  • Conspiracy to commit a homicide that results in the death of a person
  • Any violent sexual assault pursuant to section 13-1423,
  • Any violation of section 13-2308.01 or 13-2308.03,
  • Any misuse of public monies or a felony involving falsification of public records or
  • Any attempt to commit an offense listed.

Misdemeanors

For a misdemeanor offense, the prosecution must start within one year.

Restitution

How long does a court retain jurisdiction to order restitution?

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Hiring an Experienced DUI/DWI Attorney in Arizona

Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.

An attorney cannot do anything for you unless he or she has extensive experience in these areas.  Police officers are only human and do commit legal errors.  However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.

You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.

An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.

For more information, call our office at (602) 560-7837 or visit our contact page.

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