by Zayed Al-Sayyed

Arizona DUI Attorney, Criminal DefenseMarch 16, 20230 comments

When Is a DUI Considered a Misdemeanor in Arizona?

Wondering when is a DUI considered a misdemeanor in Arizona? Because the answer might surprise you… While pretty much all DUI charges are classified as misdemeanors in Arizona, there are a few exceptions.

As Arizona’s leading criminal defense attorneys, our team at The Law Office of Zayed Al-Sayyed is revealing what constitutes a misdemeanor in today’s blog post. Keep reading to learn about DUI penalties, defenses, and the impact it could make on your future.

When Is a DUI Considered a Misdemeanor in Arizona?

So, when is a DUI considered a misdemeanor in Arizona? Well, a DUI is classified as a misdemeanor whenever you’re caught operating a vehicle under the influence of drugs or alcohol. And to be “under the influence,” you must have a blood alcohol concentration of 0.08% or higher or any amount of illegal drug in your system.

Are All DUIs Considered Misdemeanors in Arizona?

Most first-time DUIs are considered misdemeanors in Arizona. However, there are a few exceptions. Your DUI will be considered a felony if any of the following occurs:

• Driving on a suspended license
• Having a passenger under the age of 15 in the vehicle
• Driving on the wrong side of the road (especially highways)

Penalties for a First-Offense DUI

When you get convicted of a first-defense DUI in Arizona, you’re penalized with the following:

1. 10 days in jail 
2. Fines of at least $1,250
3. Traffic survival school course 
4. Suspended driver’s license for 90 days
5. Drug and alcohol screening, education, or treatment
6. Installation of an admission interlock device on your vehicle for one year

What Are the Possible Defenses?

As skilled criminal defense attorneys who have handled numerous DUI cases, we have quite a few defenses up our sleeves. Below are some of the ones we’ll use to fight DUI charges:

• Not actually being in control of the vehicle
• The arrest wasn’t based on probable cause
• No reasonable suspicion to make the initial traffic stop
• Inaccurate instructions were given during the field sobriety test
• Blood samples were contaminated or the breathalyzer was incorrect
• The breath test was conducted without a 15-minute observation period
• A medical condition causes the breathalyzer to return inaccurate results

Best Criminal Defense Attorneys in Phoenix

So, when is a DUI considered a misdemeanor in Arizona? The answer is most of the time. But even though a misdemeanor doesn’t affect your record as severely as a felony, you’ll want Arizona’s leading criminal defense attorneys by your side.

Here at The Law Office of Zayed Al-Sayyed, we understand that mistakes happen and justice should be fair. That’s why our Phoenix criminal defense attorneys treat every client with respect and compassion, while aggressively defending their rights and freedom.

Throughout the duration of your case, we’ll explain the status of your charges so you’re never left in the dark. Then, we’ll clearly define the implications of your alleged crimes and explore the best possible outcomes for your case.

Ready to get started? Contact our team for your free, no-obligation consultation today.