A DUI charge can have serious consequences, but for many Arizona residents, one of the most overlooked penalties is how it can impact their Second Amendment rights. If you’re asking, “Do you lose your gun rights after a DUI?”, the answer depends on several factors—including whether your DUI is a misdemeanor or felony.
At Arizona DUI Pros, we know how important your gun rights after a DUI are. Our team of skilled DUI attorneys fights aggressively to minimize the impact of DUI charges and protect your right to own firearms.
If you’re facing DUI charges in Tucson or anywhere in Arizona, call us today at (602) 922-3755 for a free consultation.
How a DUI Affects Gun Rights in Arizona
Arizona has some of the most firearm-friendly laws in the nation. However, a DUI can impact your ability to own or possess firearms—especially if it results in a felony conviction.
Under A.R.S. § 28-1381, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. More severe DUI charges, such as Extreme DUI (BAC of 0.15% or higher) under A.R.S. § 28-1382, and Aggravated DUI (a felony) under A.R.S. § 28-1383, can have lasting legal consequences.
Impact of DUI on Firearm Rights
Your gun rights after a DUI depend on whether the conviction is a misdemeanor or felony:
✅ Misdemeanor DUI (A.R.S. § 28-1381) – Does not automatically remove your firearm rights, but probation conditions may temporarily restrict them.
❌ Felony DUI (Aggravated DUI) (A.R.S. § 28-1383) – Permanently strips you of your firearm rights under A.R.S. § 13-3101.
💡 Good News: Felons may apply for rights restoration under A.R.S. § 13-905, but this process can be complicated.
Hypothetical Scenarios: When a DUI Affects Gun Rights
Scenario 1: Misdemeanor DUI and Temporary Gun Restrictions
David is a Tucson resident who owns several firearms for hunting and personal protection. One night, after having a couple of beers with friends, he drives home and gets pulled over for swerving.
🚔 The Arrest:
- The officer administers a breathalyzer test, revealing a BAC of 0.09%.
- David is arrested and charged with a misdemeanor DUI under A.R.S. § 28-1381.
⚖️ Legal Consequences:
- David pleads guilty and receives 12 months of probation.
- As part of his probation conditions, he cannot possess firearms until his sentence is complete.
🔑 Outcome:
- After his probation ends, David fully regains his gun rights after a DUI.
- If his lawyer had challenged the BAC results, he may have avoided probation restrictions altogether.
💡 How Arizona DUI Pros Can Help:
David hires Arizona DUI Pros, and we challenge the traffic stop, arguing lack of probable cause. As a result, the DUI charges are dismissed, and David never loses his firearm rights.
Scenario 2: Felony Aggravated DUI and Permanent Gun Restrictions
Lisa is a licensed firearm owner and has a concealed carry permit. She has a prior DUI from three years ago but has since completed her sentence.
🚔 The Arrest:
- Lisa drinks wine at dinner and decides to drive home.
- She is pulled over for running a red light.
- A breathalyzer reveals a BAC of 0.16%, making this an Extreme DUI under A.R.S. § 28-1382.
⚖️ Legal Consequences:
- Since Lisa has a prior DUI, prosecutors upgrade the charges to Aggravated DUI (A.R.S. § 28-1383)—a felony.
- Convicted felons lose their gun rights under A.R.S. § 13-3101.
🔑 Outcome:
- If convicted, Lisa permanently loses her gun rights after a DUI.
- However, she may apply for rights restoration under A.R.S. § 13-905 after completing her sentence.
💡 How Arizona DUI Pros Can Help:
Lisa hires Arizona DUI Pros, and we challenge the BAC test results and negotiate a plea to reduce her charge to a misdemeanor—preserving her gun rights after a DUI.
Federal Firearm Restrictions vs. Arizona State Laws for DUI Offenders
While Arizona has its own gun laws, a DUI conviction can also have federal firearm implications. The Gun Control Act of 1968 (18 U.S.C. § 922(g)) states that any person convicted of a felony is prohibited from possessing or purchasing firearms nationwide.
How Does This Affect Gun Rights After a DUI?
- If you receive a felony DUI conviction, you cannot legally own a firearm in any state, including Arizona.
- Federal law does not recognize Arizona’s “set-aside” process as a true expungement, meaning that even if your DUI is set aside, you may still be restricted at the federal level.
- If you attempt to purchase a firearm after a felony DUI conviction, you may fail a federal background check (NICS) and be denied.
What About Misdemeanor DUIs?
- A misdemeanor DUI does not disqualify you from purchasing or possessing a firearm under federal law.
- However, if your DUI involved domestic violence or if you are under a protective order, you may face additional federal restrictions.
💡 Arizona DUI Pros can help: If you’re facing a felony DUI, we can fight to have your charges reduced, helping you avoid losing your gun rights at both the state and federal levels. Call us at (602) 922-3755 today!
How to Restore Your Gun Rights After a Felony DUI in Arizona
If you lost your gun rights after a DUI because of a felony conviction, you may be able to restore them under A.R.S. § 13-905.
Step 1: Complete Your Sentence
- You must complete all aspects of your DUI sentence, including:
✅ Jail or prison time
✅ Probation
✅ Fines and fees
✅ Alcohol treatment programs (if ordered)
Step 2: Wait for the Mandatory Waiting Period
- For a first-time felony conviction: You must wait 2 years after completing your sentence.
- For multiple felony convictions: You must wait 10 years before applying.
- For felonies involving a deadly weapon: You may be permanently prohibited from firearm ownership.
Step 3: File a Petition to Restore Your Rights
- You must submit a formal request to the Arizona Superior Court in the county where you were convicted.
- A judge will review:
✅ The nature of your DUI conviction
✅ Whether you have any other felony convictions
✅ Whether restoring your gun rights poses a danger to the public
Step 4: Attend a Court Hearing (If Required)
- In some cases, a judge may require a hearing to determine if you should regain your firearm rights.
- The prosecution may object to your request, making it critical to have a skilled attorney on your side.
💡 How Arizona DUI Pros Can Help: We handle rights restoration petitions for clients with past felony DUI convictions. If you’ve lost your gun rights after a DUI, call us at (602) 922-3755 to discuss your legal options.
Frequently Asked Questions (FAQs)
1. Will a DUI always take away my gun rights in Arizona?
No. Misdemeanor DUIs do not automatically remove your firearm rights, but felony DUIs do.
2. How can I restore my gun rights after a felony DUI?
You can apply for a rights restoration under A.R.S. § 13-905, but success is not guaranteed.
3. Does an expunged DUI restore my gun rights?
Arizona does not allow expungements, but you can request a set-aside under A.R.S. § 13-905.
4. What if I was arrested but not convicted of a DUI?
If no conviction occurs, your gun rights after a DUI remain intact.
5. Can I own a gun while on probation for a DUI?
It depends on your probation terms—many judges prohibit firearm possession during probation.
Relevant ARS Statutes
- A.R.S. § 28-1381 – Standard DUI (misdemeanor).
- A.R.S. § 28-1382 – Extreme DUI (BAC of 0.15%+).
- A.R.S. § 28-1383 – Aggravated DUI (felony).
- A.R.S. § 13-3101 – Felon firearm possession restrictions.
- A.R.S. § 13-905 – Process for restoring civil and gun rights.
Conclusion: Call Arizona DUI Pros to Protect Your Gun Rights after a DUI
If you’ve been charged with a DUI, your gun rights are at risk—especially if you face a felony conviction.
At Arizona DUI Pros, we fight to reduce your charges and protect your Second Amendment rights. Don’t let a DUI take away your gun rights after a DUI—call us now at (602) 922-3755 for a free consultation.
