Is a DUI a Felony or Misdemeanor in Arizona?
If you’re arrested for driving under the influence (DUI) in Arizona, one of the most important distinctions to understand is whether the charge is classified as a misdemeanor or a felony. The answer depends on the circumstances of the offense, including whether it’s your first time, your BAC level, and whether aggravating factors were involved.
In most cases, a DUI in Arizona is charged as a Class 1 misdemeanor, especially for first-time offenses involving standard BAC levels. However, certain elements—such as repeat offenses, driving with a suspended license, or having a minor in the vehicle—can elevate the charge to a felony, legally known as an Aggravated DUI under Arizona law.
Knowing the difference is critical because felony DUI convictions carry much harsher penalties, including longer jail or prison time, permanent criminal records, and long-term consequences affecting employment and civil rights. This article breaks down the legal definitions and scenarios that determine whether a DUI is a felony or misdemeanor in Arizona.
Most First and Second DUIs Are Misdemeanors
For the majority of drivers arrested for DUI in Arizona, especially first-time offenders, the charge is classified as a Class 1 misdemeanor. This includes cases where the driver’s BAC is at or above the legal limit (0.08%) but does not involve any aggravating circumstances.
A Class 1 misdemeanor DUI in Arizona typically involves:
- BAC of 0.08% or higher (or 0.04% for commercial drivers)
- No injuries or accidents
- No minors in the vehicle
- A valid driver’s license
For these offenses, the penalties may include:
- 10 to 45 days in jail (depending on BAC)
- Fines and fees starting around $1,500
- License suspension
- Mandatory alcohol screening and treatment
- Ignition Interlock Device (IID) installation
A second DUI offense within 7 years is also generally classified as a misdemeanor, although the penalties increase significantly, with longer jail time and extended license revocation. However, repeated misdemeanor DUIs can eventually lead to felony charges if certain thresholds are crossed.
When a DUI Becomes a Felony in Arizona
A DUI is classified as a felony in Arizona when it meets the legal criteria for what the state calls an Aggravated DUI. These are still DUI offenses, but certain aggravating conditions make them more serious under the law.
Here are the most common scenarios where a DUI becomes a felony in Arizona:
- Third DUI offense within 7 years (regardless of BAC level)
- Driving on a suspended, revoked, or restricted license
- DUI while required to have an Ignition Interlock Device installed
- DUI with a passenger under the age of 15
- DUI resulting in serious injury or death (may also be charged separately under other criminal statutes)
An Aggravated DUI in Arizona is typically classified as a Class 4 felony, though some situations may rise to Class 6 or higher depending on the circumstances.
Penalties for felony DUI include:
- Minimum 4 months in prison (for a first Aggravated DUI)
- Fines and assessments often exceeding $4,000
- 3-year license revocation
- SR-22 insurance for multiple years
- Long-term IID requirement
- Felony record with lifelong consequences
Unlike misdemeanor DUIs, felony charges cannot be resolved through diversion programs, and they often involve mandatory prison time with no eligibility for probation in many cases.
Extreme and Super Extreme DUIs: Misdemeanor But More Severe
Arizona law also defines Extreme DUI and Super Extreme DUI based on BAC levels:
- Extreme DUI: BAC of 0.15% to 0.199%
- Super Extreme DUI: BAC of 0.20% or higher
Despite the increased impairment and penalties, these are still classified as misdemeanors—unless one of the aggravating conditions for felony DUI applies.
For example:
- A first-time Super Extreme DUI with no aggravating factors remains a Class 1 misdemeanor, but includes:
- 45 consecutive days in jail
- Fines of $3,000 or more
- 12 to 18 months of IID use
So while the penalties are far more severe than a standard DUI, the legal classification does not change unless the DUI meets felony criteria. This distinction matters in court records, sentencing guidelines, and long-term legal consequences.
Felony DUI Convictions Carry Long-Term Consequences
The impact of a felony DUI conviction in Arizona goes beyond prison time and fines. Felony charges create a permanent criminal record that can affect many areas of life long after the sentence is served.
Some long-term consequences of a felony DUI include:
- Loss of firearm rights
- Difficulty finding employment
- Ineligibility for certain professional licenses
- Travel restrictions to certain countries
- Loss of voting rights (while incarcerated)
Additionally, a felony DUI conviction may prevent individuals from securing housing, qualifying for loans, or passing background checks. These outcomes are why Arizona emphasizes avoiding repeat offenses and provides pathways for treatment and recovery—especially after a first DUI.
For many drivers, understanding the boundary between misdemeanor and felony charges is key to appreciating just how high the stakes become after a second or third DUI.
DUI Classifications Under Arizona Statute
Arizona DUI laws are outlined under Arizona Revised Statutes Title 28, and they provide clear definitions for each classification:
- 28-1381: Standard DUI (Class 1 misdemeanor)
- 28-1382: Extreme and Super Extreme DUI (Class 1 misdemeanor with enhanced penalties)
- 28-1383: Aggravated DUI (Class 4, 5, or 6 felony, depending on conditions)
This statutory structure means that DUI charges are tiered based on both behavioral factors (such as repeat offenses) and contextual factors (like license status or passengers).
Officers and courts use these classifications to determine charges, and they guide sentencing from the initial arrest through to final conviction. Anyone facing a DUI in Arizona should be aware of where their case falls within this structure—even if the current charge is “just” a misdemeanor.
FAQ
Is a first DUI in Arizona a felony?
No. A first DUI is usually a Class 1 misdemeanor, unless aggravating factors are present.
What makes a DUI a felony in Arizona?
Repeat offenses, driving with a suspended license, having a child in the car, or causing serious injury can all elevate a DUI to a felony.
Are Extreme and Super Extreme DUIs felonies?
Not by default. They carry harsher penalties but are still misdemeanors unless other felony-level conditions apply.
How many DUIs before it’s a felony?
A third DUI within 7 years is typically charged as a felony (Aggravated DUI) in Arizona.
Do felony DUI convictions include prison time?
Yes. A felony DUI conviction usually results in at least 4 months in state prison.
Can a misdemeanor DUI become a felony later?
Yes. If additional factors come to light—such as license status or repeat offenses—the charge may be upgraded to a felony.
Conclusion
In Arizona, whether a DUI is a felony or misdemeanor depends entirely on the circumstances of the offense. Most first and second DUIs are treated as Class 1 misdemeanors, even if they involve high BAC levels. However, once aggravating factors enter the equation—such as repeat offenses, suspended licenses, or children in the vehicle—the charge is elevated to a felony, also known as an Aggravated DUI.
Felony DUIs carry far more severe penalties, including mandatory prison time, long-term license revocation, and a permanent criminal record. While both misdemeanor and felony DUI convictions can disrupt your life, the difference in classification affects everything from sentencing to future legal exposure.
To learn more about how Arizona law determines the severity of DUI charges, visit the How State DUI Laws Affect Arrests and Penalties page. You can also view the main State By State DUI Laws hub for more breakdowns by jurisdiction.