Is a DUI a felony in Arizona?
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Aggravated DUI — five routes, and only one counts offenses. The counting route is a third violation inside 84 months, measured by the dates the offenses were committed rather than the order of convictions. The other routes need no priors at all: driving while your license is suspended, canceled, revoked or restricted for a previous DUI; driving while an interlock is required; carrying a passenger under fifteen; or driving the wrong way. Time spent incarcerated or on absconder status is excluded when the 84 months are measured.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in AZ — and the paperwork will use none of them. Arizona charges it under a section number, and that is what decides the range below.
Grade. Class 4 felony (class 6 with a child under 15)
Confinement. Minimum 4 months in prison, 8 months with three priors
Fine. Not less than $750, plus a $250 assessment
Arizona Revised Statutes § 28-1383 · A.R.S. § 28-1383(A), (B), (D), (E), (O) · checked 2026-09-04
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A passenger under fifteen | Class 6 felony rather than class 4 | Arizona is unusual in grading the child-passenger route lower than its other felony routes rather than higher. It is still a felony, still aggravated DUI, and still requires no prior conviction. Arizona Revised Statutes § 28-1383 · A.R.S. § 28-1383(A)(3), (O)(2) · checked 2026-09-04 |
The device is a separate track
Arizona requires a certified device with a camera and GPS that reports every test to the MVD in real time. The clock starts when your license becomes eligible for reinstatement or when the MVD receives the conviction — whichever is later — so installing early does not shorten anything.
In Arizona the interlock term runs 12 months and is administered by Arizona MVD (Department of Transportation) — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Arizona DUI questions
Is a DUI a felony in Arizona?
Aggravated DUI — five routes, and only one counts offenses. The counting route is a third violation inside 84 months, measured by the dates the offenses were committed rather than the order of convictions. The other routes need no priors at all: driving while your license is suspended, canceled, revoked or restricted for a previous DUI; driving while an interlock is required; carrying a passenger under fifteen; or driving the wrong way. Time spent incarcerated or on absconder status is excluded when the 84 months are measured. A passenger under fifteen: class 6 felony rather than class 4.
What does a 3rd DUI in Arizona carry?
Class 4 felony (class 6 with a child under 15): minimum 4 months in prison, 8 months with three priors, and a fine of not less than $750, plus a $250 assessment. The range is set by A.R.S. § 28-1383(A), (B), (D), (E), (O), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Arizona?
A passenger under fifteen — class 6 felony rather than class 4.
Does an interlock come with it in Arizona?
Arizona requires a certified device with a camera and GPS that reports every test to the MVD in real time. The clock starts when your license becomes eligible for reinstatement or when the MVD receives the conviction — whichever is later — so installing early does not shorten anything. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Arizona MVD (Department of Transportation).
Other steps in Arizona: second offense penalties and first offense penalties.
All Arizona DUI rules →Penalties across the states →Arizona DUI lawyers →Getting the license back →
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