A DUI can be prosecuted as a felony in Mesa, Tempe and throughout Arizona as a result of several factors.
Initially, the State must prove the elements of a misdemeanor DUI, under including:
- an alcohol concentration above .08, or
- that a person was impaired to the slightest degree by alcohol or prescription drugs, or
- that a person was driving with an illegal drug or metabolite in their system.
ADDITIONALLY, TO SUPPORT AN AGGRAVATED DUI CHARGE, THE STATE MUST ALSO PROVE:
- The alleged offender was charged with a third (3) DUI offense in seven years, or
- The alleged offender was arrested for a DUI while driving on a suspended or revoked driver's license, or
- The alleged offender was driving under the influence of drugs or alcohol, and a person under the age of 15 is in the car.
PENALTIES FOR AGGRAVATED DUI:
An Aggravated DUI in Arizona can be classified as a Class 6 or Class 4 felony. Each involve very severe consequences.
Class 6 Felony – .5 to 1.5 years in prison and fines of up to $150,000.
Class 4 Felony – 1.5 to 3.75 years in prison and fines of up to $150,000
The penalties for Aggravated or felony DUI's substantially
increase if a person has previous felony convictions for DUI or any other type of offense.
Aside from the potential jail or prison time, there are other costs associated with a felony DUI in Arizona, including:
• A $1500 prison assessment
• A $1500 Department of Public Safety Assessment
• A $250 DUI abatement fee
• Drug and alcohol treatment and counseling costs
• Probation and the fees related with probation
• Driving privilege revoked for up to 3 years
• Court ordered ignition interlock device for your car once your driving privileges are reinstated.
A felony DUI offense in Arizona is a serious crime which can result in prison, probation, huge fines and a revocation of your driver's license. Additionally, a felony conviction will negatively impact other aspects of an individual's personal and professional life. Consequently, if you have been charged with a felony DUI, it is important to contact an experienced and aggressive DUI attorney to help you achieve the most favorable result.