Most people are aware that a drunk driving or drugged driving charge carries the possibility of serious legal consequences. Jail time, fines, loss of license and other significant penalties can be imposed if you are convicted. But that is only a portion of the story. Depending upon a number of factors, if you are arrested for driving under the influence, you could find yourself facing a felony charge, and the stakes become even higher.
The consequences of a conviction are disastrous for you, for your family, and for your future. If you want the best chance of a dismissal, a not guilty verdict, or a reduction in the charges and/or the potential penalties, you need an experienced Phoenix DUI lawyer on your side, and the attorneys at the Law Offices of David A. Black can help.
How does a DUI become a felony in Arizona?
The interesting thing about felony, or aggravated, DUI in Arizona, is that it is the same basic offense in each case. What we mean is that whether you are charged with drunk or drugged driving as a misdemeanor, or as a felony, the essence of the offense is driving (a) with a blood alcohol content (BAC) of 0.08 or higher, (b) while your ability is impaired to the slightest degree as the result of alcohol or drugs, (c) while there are certain drugs in your system, or (d) in the case of a commercial vehicle, if your BAC is 0.04 or higher. Even when someone has a very high BAC, and is charged with extreme DUI, the charge is a class 1 misdemeanor.
In order to raise the level of the charge from a misdemeanor to a felony, something else, one of a number of different elements, is necessary. The following are examples of those elements:
- DUI while license suspended. If you are accused of driving under the influence, and at the time your driver’s license is suspended or revoked as the result of a prior DUI, you will be charged with a felony. The suspension or revocation could have been issued by a court, or administratively by the Arizona Motor Vehicle Department (Admin Per Se suspension).
- Third or subsequent DUI. If you are charged with DUI and you have two or more prior DUI’s within 84 months, you will be charged with a felony. The fact that one or more of the prior convictions were obtained against you in another state will not provide a defense to the felony charge, as long as the prior case involved conduct which, if committed in Arizona, would constitute a violation of the DUI laws.
- DUI while under an order to equip the driver’s vehicle with an ignition interlock device (IID). If you have been ordered to equip your vehicle with an IID, and during the time that the order is in effect, you are arrested for DUI, you will be charged with a felony.
- DUI with a child passenger. A DUI while a person who is younger than 15 years of age is a passenger in the vehicle is likewise a felony.
The offenses listed above are class 4 felonies, with the exception of DUI with a child passenger, which is a class 6 felony. While there are certainly more serious offenses under the criminal code, even a class 6 felony carries a presumptive sentence of one year. And the presumptive sentence for a class 4 felony is 2.5 years in prison.
Defending felony DUI cases in Arizona
Although felony DUI cases carry stiff potential sentences, an experienced DUI lawyer may be able to reduce the level of the charge your face, or reduce the sentence. In addition, some cases result in a dismissal, and others in a not guilty verdict. So the fact that you are facing these charges does not mean that your case is hopeless. Contact the Law Offices of David A. Black today for a free consultation. We can help.