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Facing a DUI charge in Phoenix, AZ, often raises the question, is a DUI a misdemeanor? In Arizona, most DUI (Driving Under the Influence) offenses are classified as misdemeanors. However, specific factors—such as a high blood alcohol content or prior DUI convictions—can escalate a DUI to a felony. Knowing how Arizona law categorizes DUI charges is essential for navigating the legal process. At the Law Offices of John Phebus in Scottsdale, we assist clients in Phoenix or Scottsdale and throughout Arizona in understanding their rights and options when dealing with DUI charges.
If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today
Under Arizona law, you can be charged with a DUI even if your blood alcohol concentration is below the legal limit of 0.08%. Arizona’s “slightest degree” law means that you may be convicted of a DUI if you’re found to be impaired to the slightest degree while operating a vehicle. This type of DUI is typically a misdemeanor, though it still carries serious consequences. The slightest degree of DUI charge demonstrates Arizona’s strict approach to impaired driving, aiming to keep roads safe by penalizing drivers who might not technically be “over the limit” but are nonetheless impaired.
In Arizona, most DUI, DWI (Driving While Intoxicated in Scottsdale), and drunk driving offenses are treated as misdemeanors for first-time offenders. A standard DUI charge applies if a driver’s BAC is between 0.08% and 0.149%. This classification is typically a misdemeanor unless there are aggravating factors, such as a minor passenger in the vehicle or multiple DUI offenses on record. Arizona categorizes these charges under misdemeanor DUI offenses, reflecting a graduated approach to DUI law enforcement.
In many cases, drunk driving is considered a misdemeanor in Arizona. Still, it may become a felony if aggravating factors are present. For example, a DUI might be classified as a felony if the driver’s BAC is extremely high (usually 0.15% or higher), if there’s a repeat offense within seven years, or if there are dangerous conditions involved, such as causing an accident or transporting a minor while impaired.
In Arizona, misdemeanor DUI charges are divided into several types, based primarily on the level of intoxication and prior offenses. Even as misdemeanors, these charges carry serious penalties, including potential jail time, fines, mandatory alcohol education programs, and license suspension. A DUI conviction remains on your record, which can impact employment, insurance rates, and other areas of your life. Being informed about the various types of misdemeanor DUIs and their specific implications is crucial for anyone charged with drunk driving in Arizona.
A DUI is considered a misdemeanor in Arizona when it’s a first-time offense without any aggravating factors. This means there are no prior DUI convictions within the last seven years, no minors in the vehicle, and no incidents of extreme BAC. This classification applies to drivers whose BAC falls between 0.08% and 0.149% and who were not involved in an accident causing harm or severe property damage. Each case is unique, so consulting with a DUI attorney is vital to fully understand how your DUI charge may be classified.
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Arizona’s DUI laws don’t only apply to alcohol. Drivers may also be charged with a DUI if they are under the influence of drugs—either illegal substances or prescribed medications—while driving. Even legal, prescribed drugs can lead to a DUI charge if they impair your ability to operate a vehicle safely. Arizona has a strict zero-tolerance approach to certain substances, meaning that if any trace of drugs like marijuana or methamphetamine is found in your system while driving, you may face DUI charges. This can lead to a misdemeanor DUI charge if it’s a first offense and no other aggravating circumstances are present.
Arizona DUI laws categorize drug-related DUIs similarly to alcohol-related DUIs. A drug DUI might be classified as a misdemeanor in the absence of aggravating factors. According to Arizona law, drivers must maintain complete control of their faculties, and any impairment from drugs can lead to a DUI charge.
Arizona recognizes different types of misdemeanor DUI charges, each varying in severity based on the driver’s BAC level and other conditions:
Each level carries increased penalties, and each is classified as a misdemeanor under Arizona law for a first offense without other aggravating factors. Understanding these distinctions can help you assess the potential consequences and determine the best course of action. Consulting with a Glendale DUI lawyer can provide invaluable guidance in navigating these legal complexities and formulating a defense strategy tailored to your specific case.
As mentioned before, Arizona enforces strict penalties for DUI convictions, even for first-time offenders. Misdemeanor DUI penalties may include jail time, hefty fines, alcohol education classes, and the installation of an ignition interlock device on your vehicle.
For a first offense, the minimum penalties for a misdemeanor DUI conviction may include:
These penalties increase with each subsequent DUI offense within a seven-year period. Repeat offenders may face longer jail sentences, higher fines, and extended license suspensions.
It’s crucial to consider your defense options. Depending on the details of your case, an array of legal strategies may be available. Common DUI defenses include challenging the accuracy of BAC test results, questioning the legality of the traffic stop, and examining whether proper police procedures were followed during your arrest. An experienced DUI attorney can help you assess your case and determine the most effective defense based on Arizona law and the specific circumstances surrounding your charge.
At the Law Offices of John Phebus, we specialize in defending clients against DUI charges throughout Phoenix and the surrounding areas. Our team understands the complexities of Arizona DUI laws and can help you navigate your case with personalized legal guidance. Contact us today at (623) 847-7117 to schedule a consultation and discuss your defense options.
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Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney John Phebus, who has more than 20 years of legal experience as a personal injury attorney.
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