Is a DUI a felony?

Question

Is a DUI a felony?

Accepted Answer

Answer:

Whether a DUI is a felony under Arizona law depends on the circumstances.

- A standard DUI (impaired driving, alcohol concentration of 0.08 or more, presence of drugs, or a 0.04 threshold for commercial or for-hire vehicles) is a class 1 misdemeanor, not a felony .
- An "extreme" DUI (alcohol concentration of 0.15 or more) is likewise a class 1 misdemeanor .

However, an aggravated DUI is a felony . Specifically:

- It is a class 4 felony when the offense occurs while the person's license is suspended, canceled, revoked, refused, or restricted due to a prior DUI; when it is a third or subsequent DUI within eighty-four months; when the person drives wrong way on a highway; or when the person violates an ignition interlock requirement .
- It is a class 6 felony when a person under fifteen years of age is in the vehicle .

For a class 6 felony not involving a dangerous offense, the court may treat the offense as a class 1 misdemeanor or leave it undesignated during probation if the court finds a felony sentence would be unduly harsh, unless the person has previously been convicted of two or more felonies .

The remaining sources in the set (administrative license suspension procedures, dangerous-drug offenses, felony fines, and license-revocation grounds) were reviewed but do not govern the felony/misdemeanor classification of a DUI, so they are not relied on here.

Because classification can turn on prior convictions and specific facts, consult a licensed Arizona attorney about a particular case.