Is a DUI a felony in Arizona? Usually, no. A first or second DUI, including extreme and super extreme DUI, is a class 1 misdemeanor. A DUI becomes a felony (called aggravated DUI under A.R.S. 28-1383) when certain facts are present, such as a suspended license, a third DUI within 84 months, or a child under 15 in the car.
This guide from The Law Office of Joshua A. Lopez, LLC explains the line between misdemeanor and felony DUI in Arizona, what triggers an aggravated DUI charge, how the penalties compare, and the deadline every driver faces right after an arrest. If you have been charged anywhere in Maricopa County, our Arizona DUI lawyer team can review your case for free.
Key Takeaways
- Most Arizona DUIs under A.R.S. 28-1381 and 28-1382 are class 1 misdemeanors, even at a high blood alcohol concentration.
- A DUI becomes a felony under A.R.S. 28-1383 when the driver has a suspended, revoked, or restricted license, commits a third DUI within 84 months, has a passenger under 15, drives the wrong way on a highway, or drives while an ignition interlock is required.
- Most aggravated DUI charges are class 4 felonies, with a first-offense sentencing range of 1 to 3.75 years in prison under A.R.S. 13-702, and some carry a mandatory minimum of four months in prison.
- A DUI with a child under 15 in the vehicle is a class 6 felony, the lowest felony class in Arizona.
- A felony conviction suspends your right to vote, hold public office, serve on a jury, and possess a firearm under A.R.S. 13-904.
- Every DUI arrest, misdemeanor or felony, starts a 30-day clock to request an MVD hearing on your license suspension.
What is the difference between a misdemeanor DUI and a felony DUI in Arizona?
In Arizona, the difference comes down to the circumstances of the arrest, not just your blood alcohol concentration. The standard DUI statute, A.R.S. 28-1381, makes it a class 1 misdemeanor to drive or be in actual physical control of a vehicle while impaired to the slightest degree, with a BAC of 0.08 or more, or with certain drugs in your system.
Extreme DUI (BAC of 0.15 or more) and super extreme DUI (BAC of 0.20 or more) fall under A.R.S. 28-1382. Both remain class 1 misdemeanors, though the mandatory jail time increases sharply. You can read how those tiers work in our guide to extreme and super extreme DUI in Arizona.
Felony DUI in Arizona is called aggravated DUI. Prosecutors charge it under A.R.S. 28-1383 and must prove one of a short list of aggravating facts. Without one of those facts, prosecutors in Scottsdale, Phoenix, Mesa, and the rest of Maricopa County cannot charge a DUI as a felony, no matter how high the BAC.
What is an aggravated DUI in Arizona?
An aggravated DUI in Arizona is a DUI committed under one of the circumstances listed in A.R.S. 28-1383. The underlying conduct is the same as a regular DUI. The aggravating factor is what makes it a felony.
The five ways a DUI becomes a felony
- Driving on a suspended, canceled, revoked, refused, or restricted license. This is a class 4 felony. It is the most common aggravated DUI charge we see, and it often catches drivers who did not realize a prior suspension was still active.
- A third or subsequent DUI within 84 months (seven years). This is a Class 4 felony. Prior convictions from other states count if they would have been DUIs in Arizona.
- Any DUI with a passenger under 15 years old in the vehicle. This is a class 6 felony.
- Driving the wrong way on a highway while impaired. This is a class 4 felony.
- A DUI while a court or the MVD requires you to drive only with a certified ignition interlock device. This is a class 4 felony.
If you face one of these charges in Scottsdale or the surrounding East Valley, the firm’s Scottsdale aggravated DUI defense page explains how investigators handle these cases and how we defend them.
What are the penalties for felony DUI in Arizona?
Two statutes set felony DUI penalties in Arizona. A.R.S. 28-1383 sets the felony class and any mandatory minimum prison term, and A.R.S. 13-702 sets the sentencing range for each felony class for a first-time felony offender.
Prison ranges for a first felony conviction
- Class 4 felony: mitigated 1 year, minimum 1.5 years, presumptive 2.5 years, maximum 3 years, aggravated 3.75 years.
- Class 6 felony: mitigated 4 months, minimum 6 months, presumptive 1 year, maximum 1.5 years, aggravated 2 years.
Defendants with prior felony convictions face longer ranges under separate repeat-offender statutes.
Mandatory minimum prison time
Probation is available in some aggravated DUI cases, but A.R.S. 28-1383 blocks it in certain situations until a minimum term is served. A person convicted of aggravated DUI based on a suspended or revoked license, wrong-way driving, or a third DUI within 84 months must serve at least four months in prison before probation, a suspended sentence, or early release is possible. A fourth or later DUI within 84 months raises that floor to eight months in prison.
For a felony DUI based on a child under 15 in the car, the statute requires at least the same minimum jail term that would apply to the underlying misdemeanor under A.R.S. 28-1381 or 28-1382.
Other felony DUI consequences
- Fines, surcharges, and assessments that commonly total several thousand dollars.
- Driver’s license revocation, followed by a 12- to 24-month ignition interlock requirement once you are eligible to drive again.
- Court-ordered alcohol or drug screening, education, or treatment. As of 2026, the statute also allows evidence-based psychotherapy to satisfy this requirement.
- Suspension of civil rights. Under A.R.S. 13-904, a felony conviction suspends your right to vote, hold public office, serve as a juror, and possess a firearm.
- A permanent felony record that shows up on employment, housing, and professional licensing background checks.
Drivers charged in Phoenix can learn more about the specific courts and procedures on the firm’s Phoenix aggravated DUI lawyer page.
How do misdemeanor DUI penalties compare?
Misdemeanor DUI penalties are serious, but they are measured in days of jail rather than years of prison. For a first offense under A.R.S. 28-1381, the court must impose at least 10 consecutive days in jail, although a judge may suspend all but one day if you complete court-ordered screening and treatment. The minimum fine is $250 plus assessments, and you must install an ignition interlock if alcohol was involved.
A second misdemeanor DUI within 84 months carries at least 90 days in jail (30 of them consecutive), a fine of at least $500, at least 30 hours of community restitution, and a one-year license revocation.
Extreme and super extreme DUI under A.R.S. 28-1382 raise the first-offense minimum to 30 or 45 consecutive days in jail, with the option to suspend part of that time if you install an interlock for 12 months. None of these misdemeanor convictions suspends your civil rights or sends you to state prison, which is the key practical difference from felony DUI.
Can a felony DUI be reduced to a misdemeanor?
Sometimes, yes. The outcome depends on the facts and how strong the state’s evidence is on the aggravating element. Because the felony charge rests on one extra fact, the defense often focuses there.
Where felony DUI cases are often challenged
- Knowledge of the suspension. For a suspended-license DUI, prosecutors generally must show you knew or should have known your license was suspended. Problems with MVD mailing records can matter.
- Timing of prior convictions. The 84-month window is measured from the dates of the prior offenses. A miscounted date can mean the third-offense enhancement does not apply.
- The traffic stop and arrest. If the stop lacked reasonable suspicion or the blood draw was handled improperly, the DUI evidence itself may be suppressed, which undercuts both the felony and any lesser charge.
- Negotiation. In some cases, the state agrees to a plea to a misdemeanor DUI or another reduced charge, particularly where the aggravating fact is weak.
No attorney can promise a reduction. The right strategy depends on your record, the police reports, and the court handling your case.
What happens to your license after any DUI arrest in Arizona?
A DUI arrest in Arizona triggers two separate cases: the criminal case in court and an administrative case with the Arizona Department of Transportation Motor Vehicle Division. The MVD case runs on its own clock and starts the day you are arrested.
If you take a breath or blood test and the result is 0.08 or higher, the officer serves an Admin Per Se order under A.R.S. 28-1385. That suspension takes effect 30 days after it is served unless you request a hearing. Under SB 1453 (Laws 2024, Chapter 109, effective September 14, 2024), your hearing request must be received by the MVD within 30 days after the date of the notice. Before that change, drivers had only 15 days.
Refusing the test after arrest triggers a separate 12-month implied consent suspension for a first refusal, with the same 30-day window to request a hearing. These deadlines apply whether your criminal charge is a misdemeanor or a felony. Missing the deadline usually means the suspension goes into effect automatically.
Common Mistakes Our Attorneys See in Felony DUI Cases
At The Law Office of Joshua A. Lopez, LLC, the same avoidable problems show up again and again in aggravated DUI cases across Scottsdale, Phoenix, Tempe, and Mesa. Avoiding them early can change a case’s direction.
- Assuming the license was valid. Many suspended-license DUI charges begin with an old ticket, an unpaid fine, or an insurance lapse the driver forgot about. Check your MVD status before you drive, and pull your record as soon as you are charged.
- Missing the 30-day MVD deadline. Drivers focus on the criminal court date and let the administrative deadline pass. A timely hearing request pauses the suspension and gives your attorney a chance to question the officer under oath.
- Talking about prior DUIs. Statements to police about past convictions or how much you drank can be used to prove the aggravating element. You have the right to remain silent and to ask for a lawyer.
- Waiting to hire counsel. Blood evidence, body camera footage, and dispatch records can be lost or overwritten. Early preservation requests protect your defense.
- Driving after the arrest. Driving while an Admin Per Se suspension is in effect can produce a brand-new aggravated DUI charge if you are stopped again.
Frequently Asked Questions
Is a first-time DUI a felony in Arizona?
No. A first-time DUI in Arizona is a class 1 misdemeanor under A.R.S. 28-1381 or 28-1382. It becomes a felony only if an aggravating fact in A.R.S. 28-1383 applies, such as driving on a suspended license, having a child under 15 in the car, or driving the wrong way on a highway.
Is a third DUI in Arizona a felony?
Yes. A third DUI within 84 months (seven years) is aggravated DUI, a class 4 felony under A.R.S. 28-1383. It carries a mandatory minimum of four months in prison before probation or release is possible, and a first-time felony sentencing range of 1 to 3.75 years.
Is an extreme DUI a felony in Arizona?
No. Extreme DUI (BAC 0.15 or higher) and super extreme DUI (BAC 0.20 or higher) under A.R.S. 28-1382 are class 1 misdemeanors. They carry more mandatory jail time than a standard DUI, but they are not felonies unless one of the aggravating factors in A.R.S. 28-1383 is also present.
How long do you go to prison for felony DUI in Arizona?
For a first felony conviction, a class 4 aggravated DUI carries a sentencing range of 1 to 3.75 years in prison under A.R.S. 13-702, with a presumptive term of 2.5 years. Probation is possible in many cases, but the court cannot grant it until the defendant serves a minimum of four months in prison for suspended-license, wrong-way, and third-offense aggravated DUI.
Does a felony DUI take away your right to vote or own a gun in Arizona?
Yes, while the conviction stands. Under A.R.S. 13-904, a felony conviction suspends the right to vote, hold public office, serve on a jury, and possess a firearm. Arizona law provides paths to restore those rights after you complete your sentence, and an attorney can explain which ones apply to you.
How many days do I have to request an MVD hearing after a DUI arrest?
You have 30 days from the date of the notice. SB 1453, which took effect September 14, 2024, extended the deadline under A.R.S. 28-1385 and 28-1321 from 15 days to 30 days. The MVD must receive the request within that window, or the suspension takes effect automatically.
Charged With DUI in Scottsdale or Phoenix? Get Answers Today
So, is a DUI a felony in Arizona? Only when the state can prove an aggravating fact under A.R.S. 28-1383. The difference between a misdemeanor and a felony can mean the difference between days in jail and years in prison, so the aggravating element deserves close scrutiny from the start.
The Law Office of Joshua A. Lopez, LLC defends misdemeanor and felony DUI charges from offices in Scottsdale and Phoenix, serving clients throughout Maricopa County. Learn how our Arizona DUI defense attorneys approach these cases, then request a free consultation so we can protect your license deadline and start building your defense.
