Is a dwi felony in arizona

If you're driving drunk with a minor who's under 15, that is an aggravated DUI. Driving drunk with an interlock device installed in your vehicle also counts as an aggravated DUI.

DUI Laws in Arizona | Nolo

Standard, extreme and super extreme DUIs are classified as class 1 misdemeanors in Arizona. Have a designated driver who is not drinking. Otherwise, call a taxi or ride-share service or phone a friend. Friday and 2 a. Lyft has a similar program called "Prime Time" and both ride-sharing services show you the expected bill before requesting a car. If you're sitting in the driver's seat with your keys while drunk, a police officer can arrest you for a DUI.

Even if you are driving with a prescribed medication in your body you may still be charged with a DUI drugs.

When is a DUI a Felony in Arizona?

However, the fact that you have a valid prescription can be used as an affirmative defense. This also holds true for someone with a medical marijuana card that has marijuana in their system. The state must prove that you had a passenger under the age of 15 in the vehicle, and that you were impaired by alcohol while driving or had a blood alcohol concentration of.

There are multiple defenses to this offense. Listed below are the penalties involved. The usual range of sentence can range anywhere from 1 day to 90 days in jail, depending on the blood alcohol content at the time of the arrest. The jail time on this offense can mirror those of the penalties under the misdemeanor statutes.

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The penalties for this offense are listed below:. Having a child under the age of 15 in the car as a passenger is a class 6 felony.

Types of Felony DUIs & Penalties

Arizona has the toughest penalties in the country for Aggravated DUI. Listed below are the penalties for these offenses. In many cases, arresting agencies in Arizona will cite and release someone when they are charged with a misdemeanor DUI. In most cases, a citation listing pending charges is issued, along with a date to appear in court. Driving under the influence of drugs or alcohol in the state of Arizona can be criminally charged as a misdemeanor or felony offense depending on the circumstances of the case.

Your arrest for DUI could be charged as a felony offense if:. On the other hand, an extreme DUI, while still a class 1 misdemeanor offense, will be penalized quite differently. A first offense for extreme DUI, which is categorized by a blood alcohol content between. As the seriousness of the offense rises, i. One of the most simple and frequent questions about Phoenix DUI charges is whether a conviction necessarily means jail time.

Is Extreme or Super Extreme DUI a Felony in Arizona? - R&R Law Group

Unfortunately, Arizona law mandates jail time served for all DUI-related convictions. However, this should not send all persons facing DUI charges into immediate despair. There are several alternatives to jail sentences that can be bargained for in Arizona. Furthermore, while jail time sounds extremely daunting, minor offenses can have a sentence as low as one day spent in a county jail.

The key in determining the sentence for a DUI conviction comes down to the nature of the crime. While driving under the influence seems like a straightforward charge, there are many types of DUI offenses that can either mean a heavier or lesser sentence in the event of a conviction. In a bill passed by Arizona legislature, the regulations for ordering jail time in a DUI conviction were revised, in many ways to the advantage of Arizona residents.

While DUI laws in Arizona remain some of the toughest in the country, incarceration requirements are much more lenient now than they were prior to January 1, Jail time is still mandatory for convictions but can be reduced or pardoned through several alternatives. Prior to the revisions, the law stipulated that the convicted had to spend a full 24 hours in jail to complete the sentence. A seemingly insignificant change in the wording has now made an earlier release a possibility.