What Are The Penalties If Your Third DUI Is A Felony?

Depending on the underlying facts of your felony DUI, it may be a class IV felony or a class VI felony. This distinction is very important because the penalties differ substantially. Notice that the felony penalties only pay attention to what your blood alcohol level was at the time of driving when determining the length of use of the interlock. Otherwise, the felony DUI laws, unlike misdemeanor DUI laws, have no mandatory sentences based on your blood alcohol level.

How do I know if my DUI is a class IV or a class VI felony?

Your third DUI is a class IV felony if:

1)       You commit another DUI while your driver license is suspended, canceled, revoked, refused or while a restriction is placed on your license as a result of a prior DUI; or

2)       It is your third DUI within 84 months (seven years); or

3)       You commit another DUI while you are under court order to have your vehicle equipped with an ignition interlock device.

The penalties include:

  • A minimum of four months and up to a maximum of 2.5 years in prison.
  • $750 fine with surcharges, jail fees, $250 assessment, $1500 prison fund assessment,  $1500 DPS fees and other miscellaneous court fees and charges.
  • Revocation of your driver license for at least one year (may apply for SIIRDL after 90 days.)
  • Use of an interlock ignition device for at least twelve (12) months.
  • Substance abuse screening followed by recommended counseling
  • Possible attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to ten (10) years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  •  Possible court order to perform community restitution.

The Legal Jargon: Arizona Revised Statutes (A.R.S.) § 28-1383(A)(1) and (A)(3); A.R.S. § 28-1401; A.R.S. § 28-1383(L)(1).

If you have been charged with a DUI or Drug related DUI, contact the Arizona criminal defense lawyers at Oracle Law Group Office P.C. for assistance with your criminal case.