The Behan Law Group, P.L.L.C.


1-877-MISS-DUI / 1-877-647-7384

Se Habla Español
945 N. Stone Ave, Tucson, AZ 85705

Felony DUI FAQs

A felony DUI can impact your life in a big way. An experienced attorney may be able to successfully challenge your DUI or take action to reduce the likelihood of harsh sentencing.

Q: What Are the Reasons that a Felony Aggravated DUI Can Be Charged?

A: In Arizona, there are multiple reasons your DUI can be considered aggravated and charged as a felony. Several of these reasons are related to prior offenses. If your license was already suspended or revoked when you were arrested, or if you were required to use an ignition interlock device but failed to do so, you could face felony charges. If you have had two prior DUIs in the past seven years, then the third will be automatically charged as a felony. The other reasons a DUI might be considered aggravated and charged as a felony are if you were driving the wrong way down a one-way road or if you were carrying a child passenger under the age of 15.

Q: What Are the Legal Penalties for an Aggravated DUI?

A: Felony DUIs are taken very seriously in Arizona. If this is your first felony DUI offense, the minimum sentence is four months in prison. However, you could face up to three years behind bars. Your license will be suspended for a minimum of three years. You are also likely to be put on probation after being released, which can include the requirement to participate in drug and alcohol testing or substance abuse classes. The penalties get steeper with each consecutive felony DUI. For a third felony DUI, you could be sent to prison for up to fifteen years.

Q: Is an Extreme or Super Extreme DUI a Felony?

A: Not necessarily, unless one of the five aggravating factors were present. Extreme and Super Extreme DUIs can otherwise be charged as misdemeanors. These descriptions pertain to an arrested driver’s blood alcohol content (BAC). However, these charges are still more serious than a basic DUI and should be treated as such.

Q: Will I be Able to Drive Again After a Felony DUI?

A: Getting your license back after an aggravated DUI in Arizona can be difficult. Depending on whether you have prior DUIs, your license may be suspended for three or more years. When you are eligible for license reinstatement, you will still have to satisfy a number of extra conditions. You may be required to install an ignition interlock device on your vehicle and drive only that vehicle. You may also be required to carry high-risk car insurance. This can be extremely expensive.

Q: What if I Injured or Killed Someone While Driving Under the Influence?

A: This is an incredibly serious situation. If you caused a serious injury, you will be facing felony charges. In addition to a felony DUI, you are likely also charged with aggravated assault involving a vehicle - another serious felony. If someone died as a result of your intoxicated driving, you will probably face manslaughter charges. Manslaughter is a serious felony that can lead to significant prison time.

Q: How Can I Beat a Felony DUI Charge?

A: There are two main ways that our attorneys can fight your felony DUI charges. The first is to show that the alleged aggravating circumstance did not exist. The other is by arguing that the prosecution cannot prove that you were intoxicated. This may involve challenging the results of a chemical test or field sobriety test, just as we would with any other DUI case.

Contact an Arizona Felony DUI Attorney

If you have been charged with a felony DUI, The Behan Law Group, P.L.L.C. can help. Our experienced Tucson felony DUI lawyers are well-versed in a number of strategies for fighting back against these serious charges. Contact us or call 520-220-5047 for a free consultation.

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