DUI - Misdemeanor vs. Felony

Dec 19, 2013 — by James E. Novak Attorney PLLC
Tags: Dui Criminal Law

Arizona DUI Felony, Misdemeanor AttorneysArizona is known as one of the toughest states in the union with regard to DUI laws for good reason. Even misdemeanor DUIs carry with them consequences that can haunt a person for a lifetime. It stands to reason, then, that Arizona DUI felony charges should be avoided at all costs.

If you are facing either misdemeanor or felony DUI charges, it is in your best interests to consult an experienced attorney with a track record of success. Among DUI attorneys in the state, James Novak has insight into the potential arguments of the state’s prosecutors because he used to be a prosecutor. He understands how prosecutors think, which allows him to devise highly effective defense strategies that improve his clients’ chances of a favorable outcome.

Misdemeanor DUI Charges in Arizona

In most cases, a first or second offense DUI is charged as a misdemeanor in the state of Arizona. This does not mean, however, that the penalty is light. In fact, in cases in which the DUI is an extreme DUI (blood alcohol content of between 0.150 and .199) or a super extreme DUI (blood alcohol content of 0.200 or over), the penalties are harsher than for many felonies. Minimally, those convicted of misdemeanors can expect:

  • Up to 10 days in jail
  • Fines of at least $1,500
  • 30 days without a driver’s license
  • 60 days with a restricted driver’s license
  • Probation up to five years
  • Between six and 12 months with an ignition interlock on the vehicle
  • Eight points on the person’s driving record

Felony DUI Charges in Arizona

In Arizona, a DUI is considered a felony if:

  • The driver is driving with a suspended license
  • The driver’s vehicle has an ignition interlock device
  • It is the driver’s third DUI of any sort within a seven-year period
  • If the driver is operating his or her vehicle without a required ignition interlock device
  • A child under the age of 15 is in the vehicle at the time of the DUI
  • There is an accident resulting in serious injuries or death

Penalties for a felony DUI in Arizona are among the harshest in the state. They include, at minimum:

  • Six months in prison
  • Fines up to $150,000
  • License revocation
  • Community service
  • Drug and alcohol treatment and counseling costs
  • Probation
  • An ignition interlock device for the vehicle once the driver’s license is reinstated

Regardless of whether you have been charged with a misdemeanor or a felony DUI, James Novak will fight to ensure that your rights are protected and that either your charges are dropped or that you receive the minimum sentence possible, depending on the circumstances surrounding your case. He will provide you with the strongest, most compelling DUI defense, using all of the resources at his disposal while treating you with the respect you deserve.

Learn More about Misdemeanor and Felony DUI Cases

To learn more about misdemeanor and felony DUI cases and your legal rights and options, please contact DUI attorney James Novak today. Don’t hesitate; your freedom hangs in the balance.

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