Is a DUI a Felony in Arizona | Oliverson Law DUI & Criminal Defense

When Arizona DUI Stays a Misdemeanor vs. Becomes a Felony

Arizona categorizes driving under the influence into three statutory tiers, only one of which is a felony. Understanding where your charge falls determines whether you face city court or Superior Court, county jail or state prison, and misdemeanor or felony consequences on your permanent record.

Standard DUI under ARS 28-1381 covers two theories: impairment to the slightest degree and the per se violation of driving with a BAC of 0.08 or higher within two hours of operating a vehicle. Both are class 1 misdemeanors. A first offense carries a minimum of 10 consecutive days in jail (with 9 days suspendable upon completion of screening and treatment), fines and surcharges that typically exceed $1,500, and a 90-day license suspension through ADOT MVD. These cases are filed in the municipal or justice court where the arrest occurred, such as Tempe Municipal Court, Phoenix Municipal Court, Mesa Municipal Court, or a Maricopa County Justice Court.

Extreme and Super Extreme DUI under ARS 28-1382 targets elevated blood alcohol levels. Extreme DUI applies at 0.15 BAC or above, and Super Extreme applies at 0.20 BAC or above. Despite the harsher jail minimums and steeper fines, these remain misdemeanors. A first-offense Extreme DUI carries a mandatory 30 consecutive days in jail, while Super Extreme requires 45 consecutive days. Many people assume high BAC automatically means a felony, but that is incorrect under Arizona law. BAC level alone does not change the charge classification. For defense strategies specific to elevated BAC charges, see our extreme DUI lawyer page.

Aggravated DUI under ARS 28-1383 is the only DUI statute that creates felony liability in Arizona. The charge requires both an underlying DUI violation (under ARS 28-1381 or 28-1382) and at least one statutory aggravating circumstance. When an aggravator is present, the case is filed as a felony in the Superior Court of the county where the offense occurred. For arrests in Phoenix, Tempe, Scottsdale, Mesa, Chandler, or Gilbert, that means Maricopa County Superior Court at 201 W. Jefferson Street in Phoenix.

The Five ARS 28-1383 Aggravated DUI Triggers

Arizona law identifies five specific circumstances that transform any DUI arrest into an aggravated DUI felony charge. The prosecution must prove the underlying DUI and the aggravating factor beyond a reasonable doubt. Challenging whether the aggravator actually applies is frequently the most productive defense strategy.

1. DUI on a suspended, canceled, revoked, or restricted license. This is the most commonly charged aggravator in Maricopa County. It applies when a driver is arrested for DUI while their license has been suspended or revoked for any reason, including a prior DUI suspension, failure to maintain insurance under ARS 28-4135, or unpaid traffic fines. MVD records determine license status at the time of arrest. Defense often focuses on whether the driver received proper notice of the suspension, since Arizona courts have held that lack of actual notice can undermine the aggravator.

2. Third DUI within 84 months (7 years). Arizona uses a rolling 84-month lookback period. If you have two prior DUI convictions (of any type) within 84 months of the current offense, the third arrest triggers felony status. The lookback runs from the date of arrest, not the date of conviction. Prior convictions from other states count if the underlying conduct would constitute a DUI under Arizona law. Challenging the validity or timing of prior convictions is a critical defense avenue.

3. DUI with a child under 15 in the vehicle. Any DUI arrest where a passenger is under age 15 triggers this aggravator regardless of the driver’s BAC level or prior record. This is the only ARS 28-1383 trigger charged as a Class 6 felony rather than a Class 4 felony. Prosecutors in Maricopa County typically charge one count per child present in the vehicle, meaning multiple children can result in multiple felony counts.

4. DUI while required to have an ignition interlock device. If a court has ordered you to equip your vehicle with a certified ignition interlock device and you are arrested for DUI, the arrest becomes an aggravated felony regardless of whether the interlock was actually installed. This aggravator captures both drivers who never installed the device and those who circumvented it by driving a different vehicle.

5. Wrong-way driving on a highway while impaired. Added by the Arizona legislature in response to high-profile wrong-way crashes on Interstate 17 and Loop 101, this aggravator applies when someone drives the wrong direction on a highway, as defined under ARS 28-694, while under the influence. Wrong-way DUI is charged as a Class 4 felony and carries some of the most aggressive prosecution postures in Maricopa County Superior Court.

Class 4 vs. Class 6 Felony DUI Sentencing

Arizona felony sentencing operates on a structured grid set by ARS 13-702 and 13-703. Aggravated DUI sentencing depends on whether the charge is a Class 4 or Class 6 felony, whether the defendant has prior felony convictions, and whether mitigating or aggravating sentencing factors apply.

Class 4 aggravated DUI carries a mandatory minimum prison commitment in the Arizona Department of Corrections. For a first-time felony offender, the mandatory minimum is four months of actual prison time before the defendant becomes eligible for supervised probation. The presumptive prison term for a Class 4 non-dangerous offense is 3.75 years, with a mitigated minimum of 1.5 years and an aggravated maximum of 3.75 years for a first offender. Judges in Maricopa County Superior Court frequently impose the mandatory minimum followed by a lengthy probation term that includes alcohol treatment, community service, and ignition interlock requirements.

Class 6 aggravated DUI (child under 15) is the lowest felony classification in Arizona. Non-dangerous Class 6 sentencing ranges from 0.33 years (mitigated) to 2 years (aggravated), with a presumptive of 1 year. Class 6 felonies are more frequently probation-eligible, and some defendants are eventually able to petition the court to designate the offense as a misdemeanor under ARS 13-604. However, this designation is discretionary and not guaranteed. Until and unless designation occurs, all felony consequences remain in full effect.

Prior felony convictions dramatically increase sentencing exposure. A Class 4 aggravated DUI with one prior felony conviction carries a sentencing range of 2.25 to 7.5 years. With two or more priors, the range extends to 6 to 15 years. The mandatory prison minimums also increase, and probation eligibility may be eliminated entirely depending on the prior record.

Felony DUI Consequences Beyond Prison

A felony DUI conviction under ARS 28-1383 carries consequences that extend far beyond the prison sentence. Understanding these collateral effects helps evaluate why aggressive defense of the aggravator and the underlying DUI evidence is worth the investment.

Why Clients Choose Oliverson Law for Felony DUI Defense

Oliverson Law DUI & Criminal Defense was founded in 2009 and focuses on DUI and criminal defense in courts across Maricopa County. The firm brings direct experience from every side of the Arizona criminal justice system, which shapes how aggravated DUI cases are evaluated, defended, and negotiated.

Founding attorney Derek Oliverson served as a police officer in Henderson, Nevada, where he conducted DUI investigations and field sobriety testing. He then prosecuted criminal cases including DUI in Mohave County, Arizona, learning how the state builds and presents its evidence. He later served as a judge at Page Magistrate Court and Glendale City Court, presiding over DUI arraignments, motions, and sentencing hearings before returning to private defense practice. That trajectory across patrol, prosecution, and the bench informs the firm’s approach to challenging aggravated DUI charges in Maricopa County Superior Court.

Attorney David Tangren, a University of Arizona law graduate, served as a felony prosecutor with the Pima County Attorney’s Office before joining the firm. His trial experience in contested felony cases strengthens the team’s capacity for aggravated DUI defense where suppression hearings, expert testimony on blood testing, and jury trial preparation are required. Together, the firm has handled over 5,000 cases and maintains a 4.9/5 rating from more than 150 client reviews.

Aggravated DUI defense often turns on technical details: whether MVD records accurately reflect license status, whether the 84-month lookback calculation is correct, whether blood evidence was obtained through a valid warrant or lawful consent under State v. Butler and State v. Valenzuela, and whether the prosecution can prove the aggravator beyond a reasonable doubt. Oliverson Law evaluates every angle before advising on plea negotiations, motion strategy, or trial preparation. To learn more about the firm’s approach across all DUI charge levels, visit our DUI lawyer page.

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