Is a DUI in A Felony in Arizona?

Arizona takes DUI crimes more seriously than perhaps any state. People facing a DUI charge at any level should treat the situation with seriousness. Since Arizona is a no-tolerance state for DUIs, you can be arrested with a blood alcohol content higher than the legal limit of 0.08 percent. Being charged with any kind of DUI is a frightening and confusing process. At Schill Law Group, we’ve successfully defended countless people facing DUI charges at every level and know how to protect your rights and secure the best possible outcome for you.

Give us a call today to schedule a free consultation with an experienced DUI attorney: (480) 525-8900


When is a DUI a felony?

There are three types of DUI crimes, each of which takes into account blood alcohol levels and other mitigating factors such as whether there were minors in the vehicle and if you have prior convictions. The more serious the charges, the more you can expect to pay in fines, but even first convictions can cost you.


Here are some of the Arizona DUI penalties a driver is subject to for a DUI offense:

  • Standard DUI, 0.08+, first offense – minimum of 10 days in jail (judge may suspend up to 9 days)
  • Driver’s license suspension starting at 90 days and up to 360 days
  • Fines from $250 to $2,500
  • Installation of an ignition locking device in your vehicle
  • DUI misdemeanor charge that stays on your record for 7 years
  • Mandatory alcohol abuse screening
  • Alcohol education classes
  • Possible three year probation
  • Possible community service


In the state of Arizona, a second DUI arrest carries the possibility of even harsher Arizona DUI penalties, such as:

  • Standard DUI, 0.08+, second offense – minimum of 30 and up to 90 days in jail (could be increased to 120 or 180 days, depending on blood alcohol level); home detention eligible (after 6 days).
  • Driver’s license suspension for one year
  • Fines from $500 up to $2,500
  • 1 year mandatory installation of an Ignition Interlock Device (IID)
  • Mandatory alcohol abuse screening
  • Alcohol education classes
  • 30 hours of community service
  • Mandatory SR-22 Car Insurance Policy for 3 years
  • Probation that could last up to 5 years


While most Arizona DUI crimes are misdemeanors, aggravating circumstances that can increase your DUI to a felony charge include:

  • DUI while under license suspension for a previous DUI (class 4 felony)
  • Third DUI within 84 months (class 4 felony)
  • DUI in violation of an ignition interlock requirement (class 4 felony)
  • DUI while a minor under 15 is in the vehicle (class 6 felony)


In Arizona, if you are arrested with a blood alcohol level between 0.15 and 0.19 percent, that is considered an Extreme DUI. This carries with it even harsher consequences, including increased fines, jail cost and other fees. Arizona also has a Super Extreme DUI charge, which is applied when an individual is arrested with a blood alcohol level of 0.20 or more, which is two and a half times the legal limit. Extreme and Aggravated DUIs are both felony offenses in Arizona.


If an accident involving serious injuries or fatalities occurred while you were driving under the influence, you may face additional felony charges such as assault, manslaughter, or vehicular endangerment, which is “recklessly endangering another person with a substantial risk of imminent death or physical injury.” Each case is unique, and outcomes vary, but a felony DUI charge is no laughing matter, and one for which you will need qualified legal representation. If you are charged with a second offense DUI in Arizona, you have the option to plead guilty or not guilty and go to trial. In either case, you’ll need the services of a qualified and experienced DUI defense attorney who can fight to get the charges against you reduced.


If you are facing a felony DUI charge, you need to call Schill Law Group’s Scottsdale DUI attorneys today. We understand that every situation is unique will take the time to understand your individual case. Our DUI attorneys are compassionate, hardworking, and dedicated to helping every client achieve a favorable resolution to their case. We’re very proud to be listed as a Top DUI and DWI Attorney firm in Arizona, and we look forward to assisting you with your legal needs.