Scottsdale Felony DUI Lawyer

Felony DUI Attorney in Scottsdale, AZ

In Arizona, the laws governing DUIs are complex, and the line between a misdemeanor DUI and a felony DUI can be difficult to understand. Factors such as prior DUIs, high blood alcohol levels, and having a minor in the car at the time of your arrest can elevate the chances of a felony DUI. If you are facing a DUI conviction in Maricopa County, a Scottsdale felony DUI lawyer can help.

At Davidson Criminal Defense & DUI Law Firm, we have decades of experience representing clients with complex felony DUI cases, also known as aggravated DUIs. We are well-respected in the Phoenix metropolitan area and familiar with the strategies the Maricopa County attorney’s office uses to prosecute DUI offenders. We can help you build a compelling defense strategy and aggressively advocate for you by gathering evidence to challenge the validity of your arrest.

Differences Between Misdemeanor and Felony DUI Cases

Arizona takes drunk driving seriously and has some of the harshest laws on the books regarding DUIs. In 2024, Maricopa County reported 447 DUI arrests. The State of Arizona overall reported more than 208,000 DUI arrests that same year. 

A misdemeanor DUI carries fewer penalties, but Arizona, and especially Maricopa County, still prosecute these cases aggressively. Penalties include heavy fines, potential jail time, community service, and mandatory participation in drug and alcohol counseling programs. Extreme DUIs and super extreme DUIs, while carrying more severe penalties than a Standard DUI, are still considered class 1 misdemeanors. 

A felony DUI, also called an aggravated DUI, occurs when other factors contribute to the overall risk and danger of the DUI. These convictions almost always result in mandatory prison time, revocation of your driver’s license, impoundment of your vehicle, and other severe penalties. Without the presence of mitigating factors or qualified legal representation, most aggravated DUI offenders face devastating consequences that can impact them for the rest of their lives. 

Misdemeanor DUI criteria involve:

• Prior DUI convictions. If this is a first-time offense or a second-time offense, within a specified period, the DUI will usually be classified as a misdemeanor.
• Blood alcohol concentration. A BAC of 0.08% or more for anyone 21 and over, or a BAC of 0.04% for drivers with a CDL.
• Impaired driving. If the driver is visibly impaired, especially if they submit to a field sobriety test, this will usually result in a misdemeanor DUI, regardless of their BAC.

Felony DUI criteria involve:

• Minor in the vehicle/child endangerment. If a child under the age of 15 is present in the vehicle at the time of your arrest, you will be charged with a felony DUI with no exceptions. 
• Third DUI. If this is your third DUI within 7 years, no matter the degree of BAC, Arizona considers this a felony offense.
• Serious Injury or Death. If you cause injury or death to another person while driving under the influence, this is a felony, and could also make you liable to other charges, like vehicular assault or manslaughter. Arizona reported 429 DUI-related accident deaths in 2023. 
• Driving with a revoked or suspended license. If you drive under the influence with a revoked or suspended license, you will face felony charges.

Mitigating Factors and Defense Strategies in Felony DUI Cases

When you are facing DUI charges of any kind, it’s important to keep records of your arrest and gather as much evidence as possible to support your case. When you hire a felony DUI lawyer, they will want to discuss all the circumstances surrounding your arrest.

Unlawful detention and lack of probable cause are two of the main strategies defense attorneys use to argue against DUI charges. Other examples include improper administration of the BAC test, or proof that law enforcement tampered with evidence, and any violation of your rights during detention. Sometimes, this evidence is strong enough to reduce your charges to a misdemeanor or even have the case dismissed completely.

Other mitigating factors can include showing remorse for the DUI incident, voluntary participation in a drug or alcohol treatment program, and a clean driving record before the DUI.

Facing a DUI Conviction in Scottsdale? It’s Vital to Hire a Felony DUI Lawyer

The thought of a felony on your permanent record can be frightening. The penalties for felony DUIs are serious in Maricopa County, usually resulting in prison time and severe fines, as well as driving penalties that can impact your ability to work. It’s crucial to speak to a knowledgeable defense attorney well-acquainted with Arizona’s DUI laws. Without qualified representation, you may face prosecution to the fullest extent of the law, which can negatively impact your life in devastating ways. 

At Davidson Criminal Defense & DUI Law Firm, we can aggressively advocate for you at all Maricopa Justice Courts and the Maricopa County Superior Court on W. Jackson Street, providing you with comprehensive legal representation that seeks a fair and just result. 

FAQs

What Is the Penalty for a Felony DUI in Arizona?

Penalties for a felony DUI in Arizona can range from mandatory prison time, severe fines, license revocation, vehicle seizure and impoundment, probation, compulsory participation in community service and alcohol treatment programs, and the installation of an ignition interlock device to prevent you from operating a vehicle while intoxicated. 

How Much Does a DUI Lawyer Cost in Arizona?

Attorney fees for DUI defense lawyers depend on the level of experience, the hourly rate for the attorney, the retainer fee, and the complexity of your case. Most attorneys offer an affordable initial consultation fee. At Davidson Criminal Defense & DUI Law Firm, we offer a free consultation to review the details of your case.

Can a Lawyer Get You Out of a DUI charge?

It depends on the details of your case and the circumstances around your arrest, but in some cases, there may be mitigating factors and a breach of procedure by law enforcement that can result in a dismissal of charges. However, a qualified defense attorney who knows the prosecution’s strategies can successfully negotiate or litigate to reduce your charges or lessen the penalties during sentencing. 

How Long Does a Felony DUI Stay on Your Record in Arizona?

In Arizona, a felony DUI stays on your criminal record forever and on your driving record for five years. Arizona has some of the strictest DUI laws in the US, and a DUI conviction is a serious matter that can impact your life for many years to come, which is why it is crucial to pursue legal representation to protect your rights.

Felony DUI Representation You Can Trust

Davidson Criminal Defense & DUI Law Firm has been advocating for our clients and defending the accused in Scottsdale and Maricopa County for over two decades, with a proven record of reduced charges on felony DUI cases. If you are facing a DUI conviction, you need the help of an experienced Scottsdale felony DUI lawyer. Contact us today to schedule your free consultation.