Felony DUI Charges: Find out why you were charged with a Felony DUI instead of a Misdemeanor DUI, and how to defend your charges.

If you have been arrested for felony DUI in Arizona, you will need to consult a Phoenix DUI lawyer as soon as possible to discuss your charges and defense. A felony DUI in Phoenix exposes you to severe penalties and sentencing if convicted including prison time. You will need an experienced Arizona DUI lawyer who defends felony DUI charges in Phoenix on a regular basis.
Arizona Felony DUI Laws:
There are three aggravating factors that will escalate a Phoenix Misdemeanor DUI charge to a Felony DUI charge in Phoenix AZ.
A.R.S. §28-1383(A) (1): (Paraphrased for Legal Ease) You were arrested for AZ DUI while your license was suspended, restricted or revoked (Class 3 Felony).

A.R.S. §28-1383(A) (2): (Paraphrased for Legal Ease) This is your third DUI charge and you have at least two prior DUI convictions within the last 7 years. (Class 3 felony).

A.R.S. §28-1383(A) (3): (Paraphrased for Legal Ease) You were arrested for DUI and there was a child under 15 years of age was a passenger in the vehicle. You were driving. (Class 6 Felony).

DUI Penalties – Felony DUI in Arizona
A Phoenix Felony DUI conviction exposes you to mandatory sentencing guidelines. Each case has its own unique circumstances that may affect the DUI penalties ordered by the judge in the event of a DUI conviction. The mandatory DUI penalties under Arizona Law, may include, but are not limited to the following:

• Long Term Felony criminal record;
• Jail time that ranges from one day to one year;
• Prison time from 4 months to 2 ½ years of incarceration;
• Revoking of your drivers license for 3 years;
• Lengthy supervised probation;
• Use of Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fee;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law.

DUI Penalties for a Phoenix DUI conviction may be “aggravated” or
“mitigated”. Aggravated punishments are factors surrounding your Phoenix DUI that support the prosecution’s case against you and warrant more serious and additional DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious punishments.

Defense Lawyers for Felony DUI in Phoenix
The judge or prosecution will not generally offer mitigated sentencing without compelling arguments presented or motions filed by your Phoenix DUI Defense Lawyer on your behalf. A good Phoenix DUI defense attorney will examine the evidence and facts of your case to find mitigating factors that will lead to a reduction of your penalties in the event of a felony DUI partial or complete conviction.

The felony DUI penalties are so severe, and disruptive on a person’s life, that they sometimes become overwhelmed and feel that the situation is too hopeless to hire a defense attorney. However, a qualified Phoenix DUI lawyer or AZ criminal defense lawyer can defend any Phoenix Felony DUI charges regardless of the severity or classification of the charges or the amount of your Blood Alcohol Content or BAC levels. In many cases they can get evidence dismissed; charges reduced to a Misdemeanor DUI or other reduced charge; or get the felony DUI charges completely dismissed. Early retention of an experienced private Phoenix DUI attorney drastically increases your chance of getting a good outcome in your Felony DUI case. To the contrary going without representation of a good private DUI or criminal defense lawyer, is the quickest path to a Felony DUI conviction in Phoenix with harsh and mitigated penalties.


This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.

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