If you or a loved one is facing Misdemeanor and Felony DUI Charges, knowing the differences is critical. At Arizona DUI Pros, we are dedicated to defending those accused of DUI offenses. Call us today at (602) 922-3755 for a free consultation to discuss your case.
Misdemeanor and Felony DUI Charges in Arizona are governed by strict laws, and the penalties vary depending on several factors. The severity of your DUI charge depends on prior offenses, your blood alcohol concentration (BAC), whether a minor was in the vehicle, and if any injuries or deaths occurred.
In this article, we will break down the distinctions between Misdemeanor and Felony DUI Charges, potential penalties, and how you can fight back against a conviction.
What Is a Misdemeanor DUI in Arizona?
Most DUI cases in Arizona fall under Misdemeanor and Felony DUI Charges, with misdemeanor DUI being the most common. Under A.R.S. § 28-1381, a person can be charged with misdemeanor DUI if they:
- Have a BAC of 0.08% or higher (0.04% for commercial drivers).
- Show signs of impairment while operating a vehicle, even if their BAC is below 0.08%.
Penalties for a Misdemeanor DUI
A first-time misdemeanor DUI conviction can result in:
- A minimum of 10 days in jail (potentially reduced to 1 day with alcohol education).
- Fines starting at $1,500, plus court and assessment fees.
- License suspension for 90 days.
- Ignition interlock device (IID) requirement for at least 12 months.
A second or third misdemeanor DUI within seven years results in harsher penalties, including longer jail time, increased fines, and longer license suspensions.
What Is a Felony DUI in Arizona?
A DUI escalates to a felony DUI when specific aggravating factors apply under A.R.S. § 28-1383. The distinction between Misdemeanor and Felony DUI Charges is crucial because felony DUIs carry significantly harsher penalties.
Common Reasons for a Felony DUI Charge
A felony DUI is charged when:
- You receive a third DUI within seven years.
- You were driving on a suspended or revoked license.
- A minor under the age of 15 was in the vehicle at the time of the arrest.
- The DUI resulted in serious injury or death.
Penalties for a Felony DUI
- A minimum of 4 months in prison, not county jail.
- Fines exceeding $4,000.
- License revocation for at least 1 to 3 years.
- Mandatory IID installation for at least 2 years.
- Felony record, which can affect job opportunities and housing.
Because Misdemeanor and Felony DUI Charges have different legal consequences, it is critical to seek legal representation immediately when facing DUI allegations.
Hypothetical Scenarios
Scenario 1: Misdemeanor DUI – First-Time Offense
Jason, a 27-year-old Tucson resident, goes out to celebrate a friend’s birthday. He has a couple of drinks but feels okay to drive home. On his way, he forgets to turn on his headlights, prompting a traffic stop. The officer notices the smell of alcohol and conducts a breathalyzer test, which reveals a BAC of 0.09%.
Jason is arrested under A.R.S. § 28-1381 and charged with a misdemeanor DUI. Since this is his first offense, his Misdemeanor and Felony DUI Charges considerations result in a misdemeanor conviction, leading to a 90-day license suspension, one day in jail, and an IID requirement.
Scenario 2: Felony DUI – Third Offense
Sarah, a 40-year-old business owner, has two prior DUI convictions. One night, she leaves a work event after drinking and gets pulled over for swerving. The officer runs her record and finds her previous DUI convictions. She is arrested and charged under A.R.S. § 28-1383.
Since this is her third DUI in seven years, Sarah now faces a felony DUI charge. The difference between Misdemeanor and Felony DUI Charges is clear—she is now facing a minimum of 4 months in state prison, a revoked license for 3 years, and a permanent felony record.
Defending Against Misdemeanor and Felony DUI Charges
Facing Misdemeanor and Felony DUI Charges can feel overwhelming, but with the right defense strategy, you may be able to reduce or dismiss the charges. DUI cases are not always as straightforward as they seem, and several legal defenses can challenge the prosecution’s case.
1. Challenging the Traffic Stop
One of the most effective ways to fight Misdemeanor and Felony DUI Charges is by challenging the legality of the initial stop. If the police did not have reasonable suspicion to stop your vehicle, any evidence collected after the stop—including breathalyzer results—could be suppressed in court.
2. Questioning the Accuracy of BAC Tests
Breathalyzer and blood test results are not always accurate. Several factors, such as improper calibration, medical conditions, or contamination, can cause false readings. A strong defense can challenge these test results to weaken the prosecution’s argument.
3. Arguing Rising BAC Levels
Alcohol takes time to absorb into the bloodstream, meaning your BAC may have been below the legal limit while driving but increased by the time you were tested. This can be a crucial defense in Misdemeanor and Felony DUI Charges, particularly if there was a delay between the traffic stop and the BAC test.
4. Field Sobriety Test Issues
Many DUI arrests are based on field sobriety tests, which can be highly subjective. If you have medical conditions, balance issues, or were in an uneven area, the results may not be reliable. An experienced attorney can challenge these tests in court.
5. Violation of Miranda Rights
If law enforcement fails to read your Miranda Rights before interrogating you, any statements you made may not be admissible in court. Protecting your constitutional rights is a key part of defending against Misdemeanor and Felony DUI Charges.
6. Lack of Evidence
Sometimes, the prosecution’s case for Misdemeanor and Felony DUI Charges is weak due to lack of video footage, unreliable witness testimony, or insufficient evidence. An experienced DUI defense attorney will scrutinize every detail of the case to find weaknesses that can be used to your advantage.
Why You Need a DUI Attorney
Defending against Misdemeanor and Felony DUI Charges requires legal knowledge and aggressive representation. At Arizona DUI Pros, we specialize in building strong DUI defenses and protecting our clients’ rights.
FAQs About Misdemeanor and Felony DUI Charges
1. Can a Misdemeanor DUI Be Reduced?
Yes, sometimes Misdemeanor and Felony DUI Charges can be reduced through plea bargaining, often resulting in a reckless driving charge.
2. How Long Does a DUI Stay on My Record in Arizona?
DUI convictions in Arizona do not get expunged and stay on your record permanently.
3. What Happens If I Refuse a Breathalyzer Test?
Refusing a breath test results in an automatic one-year license suspension, even if you aren’t convicted.
4. Can a Felony DUI Ever Be Reduced to a Misdemeanor?
In some cases, a skilled DUI attorney can negotiate Misdemeanor and Felony DUI Charges down to a lower offense, but this depends on the specific facts of the case.
5. How Can Arizona DUI Pros Help Me?
At Arizona DUI Pros, we provide aggressive legal representation for those facing Misdemeanor and Felony DUI Charges. Call (602) 922-3755 today for a free consultation.
Relevant ARS Statutes for DUI Cases in Tucson
- A.R.S. § 28-1381 – Misdemeanor DUI offense (BAC over 0.08%).
- A.R.S. § 28-1382 – Extreme DUI (BAC over 0.15%).
- A.R.S. § 28-1383 – Aggravated DUI (felony DUI).
Conclusion
Understanding Misdemeanor and Felony DUI Charges is crucial when facing a DUI charge in Tucson. While misdemeanor DUI cases result in fines, jail time, and license suspensions, felony DUI charges bring far more severe penalties, including state prison and long-term consequences.
At Arizona DUI Pros, we are committed to protecting your rights. If you have been arrested for a DUI, call (602) 922-3755 today for a free consultation. Don’t face Misdemeanor and Felony DUI Charges alone—let our experienced attorneys fight for you.
