Is a DUI a Misdemeanor in AZ?

If you or someone you care about was just arrested for a DUI in Tempe, one of the first questions you probably have is: how serious is this? Is a DUI a misdemeanor or a felony in Arizona? The honest answer is that it depends on the situation. Most DUIs are misdemeanors, but some can become felonies depending on a few key factors. Below is all the info you need to know.

If you or a loved one was charged with DUI in Tempe or the surrounding area, working with a DUI lawyer can make all the difference in your outcome. Contact the Law Offices of T. M. Allen today for a free case review to learn how we can help you!

Most Arizona DUIs Are Misdemeanors

In Arizona, a standard DUI is classified as a Class 1 misdemeanor under A.R.S. §28-1381. That is the most serious type of misdemeanor in the state, but it is still a misdemeanor, not a felony. This applies to your first offense and, in many cases, your second offense as well.

Arizona actually has three categories of misdemeanor DUI charges, each based on your blood alcohol concentration (BAC) at the time of your arrest:

• Regular DUI: BAC of 0.08% or higher (or impaired to the slightest degree)
• Extreme DUI: BAC of 0.15% or higher
• Super Extreme DUI: BAC of 0.20% or higher

All three of these are Class 1 misdemeanors. But just because they are misdemeanors does not mean the penalties are light. Arizona is known for having some of the toughest DUI laws in the entire country, and even a first-time misdemeanor DUI carries mandatory jail time.

What Are the Penalties for a Misdemeanor DUI in Arizona?

The penalties increase based on your BAC level and whether you have prior DUI convictions. Here is a general breakdown:

First-Time Regular DUI:

• Minimum of 10 days in jail (9 days can be suspended if you complete alcohol screening)
• Fines and fees around $1,250 or more
• 90-day driver’s license suspension
• Ignition interlock device (IID) installed on your vehicle for 6–12 months
• Probation of up to 5 years
• Mandatory alcohol screening and education

First-Time Extreme DUI (BAC ≥ 0.15%):

• Minimum of 30 days in jail — no probation or suspended sentence option
• Fines and fees around $2,500 or more
• License suspension and ignition interlock device requirement

First-Time Super Extreme DUI (BAC ≥ 0.20%):

• Minimum of 45 days in jail
• Fines and fees around $2,750 or more
• IID requirement of up to 18 months

As you can see, even a misdemeanor DUI in Arizona is not something to brush off. The mandatory jail minimums alone set Arizona apart from most other states.

When Does a DUI Become a Felony in Arizona?

Certain circumstances can turn a DUI into an aggravated DUI, which is a felony. Under A.R.S. §28-1383, a DUI becomes a felony if any of the following are true:

• It is your third DUI within 84 months (7 years)
• Your driver’s license was already suspended, revoked, or restricted at the time of the DUI
• You were required to have an ignition interlock device but were driving a car without one
• A child under the age of 15 was in the vehicle
• You were driving the wrong way on a highway

A felony aggravated DUI is either a Class 4 or Class 6 felony depending on the circumstances. The penalties are much more severe, including a minimum of four months in state prison, fines that can reach six figures, a three-year license revocation, and the permanent loss of certain civil rights — like the right to vote and the right to own a firearm.

One Important Thing to Know: “Impaired to the Slightest Degree”

A lot of people in Tempe are surprised to learn that you can be charged with a DUI in Arizona even if your BAC is below 0.08%. Under Arizona law, it is illegal to drive if you are impaired to the slightest degree by alcohol or drugs. So even if you blow a 0.05% or have smoked marijuana earlier in the day, you can still face DUI charges if an officer believes your driving was affected.

What About Being in a Parked Car?

Arizona DUI law also applies if you are in “actual physical control” of a vehicle, even if you are not actively driving it. That means sitting in the driver’s seat of a running car while intoxicated could get you arrested. There is a defense called the “shelter rule” that may apply if you pulled over specifically to sleep it off and posed no threat to the public, but this is fact-specific and not guaranteed to work. If you find yourself in this situation, it is worth talking to a lawyer before assuming you are in the clear.

DUIs in Tempe: What You Should Know Locally

Tempe has a large college population and a busy nightlife scene along Mill Avenue. Because of that, DUI enforcement in Tempe is active, especially on weekends, during ASU events, and around holidays. The Tempe Police Department regularly conducts DUI checkpoints and saturation patrols. If you were arrested for a DUI in Tempe, your case will likely be handled in Tempe Municipal Court (for misdemeanor charges) or Maricopa County Superior Court (for felony charges).

Maricopa County as a whole takes DUI enforcement seriously, and local prosecutors do not often offer generous plea deals without pressure from a skilled defense attorney.

Does a Misdemeanor DUI Stay on Your Record?

Yes. A misdemeanor DUI conviction in Arizona stays on your criminal record. It can show up on background checks run by employers, landlords, and licensing boards. It can also affect your car insurance rates significantly. And if you get another DUI in the future, that prior conviction will count against you, potentially turning what would have been a second misdemeanor into something more serious.

So Is a DUI a Misdemeanor in AZ?

Usually, yes. The majority of DUI arrests in Arizona result in Class 1 misdemeanor charges. But “just a misdemeanor” does not mean it is easy to deal with on your own. The mandatory minimums, the license consequences, the ignition interlock requirements, and the long-term impact on your record make a DUI one of the more serious misdemeanor charges a person can face in this state.

And if any of the felony-triggering factors apply to your situation, the stakes go up dramatically.

Facing a DUI Charge in Tempe? Contact Tyler Allen.

The Law Offices of T. M. Allen defends people in Tempe and throughout the Valley against DUI charges. Whether you are dealing with a first-time misdemeanor DUI or something more serious, Tempe DUI defense lawyer Tyler M. Allen will take the time to go over your case, explain your options honestly, and fight hard on your behalf.

Do not wait to get help. The decisions you make right after a DUI arrest can affect your outcome. Reach out to the Law Offices of T. M. Allen today for a consultation. Contact us today!