Gilbert Felony DUI Lawyer

Felony DUI Attorney in Gilbert, AZ

Most allegations of drunk driving in Arizona are misdemeanor cases. While a conviction still comes with a mandatory jail sentence, most convicted people will eventually be able to move on with their lives. The same may not be possible for charges alleging felony DUI, which is why representation from a Gilbert felony DUI lawyer is crucial. A lawyer can help you avoid serious prison time.

A felony DUI in Gilbert will permanently impact your life if the case results in a conviction. These charges will mark you as a felon and require you to spend significant time in jail and lose your driver’s license. To avoid these severe repercussions, speak with a seasoned attorney at Grand Canyon Law Group. Our legal team can work tirelessly to develop a defense strategy and protect your way of life.

WHEN DOES DUI BECOME A FELONY?

Several factors may lead a prosecutor to pursue a DUI case as a felony. Perhaps the most common is when a driver has previous DUI convictions on their criminal record. According to Arizona Revised Statute § 28-1383, an arrest for DUI when a person has two or more convictions for DUI in the past 84 months allows a prosecutor to bring felony-level charges.

The same statute says that aggravated DUI charges could result if the driver had a child under the age of 15 in the vehicle. This applies regardless of a driver’s prior criminal history. Aggravated DUI also applies when a person faces arrest for DUI while their license is under suspension for another DUI case or while they have an order requiring them to install an ignition interlock device. 

Our experienced Gilbert attorneys can provide further information about felony DUIs and how to defeat these allegations.

THE IMPACT OF A FELONY DUI CONVICTION

The most obvious impact of a felony DUI conviction is that it will label the driver as a felon. This can make them ineligible for certain government benefits, affect their ability to own firearms, and leave them unable to vote. It also creates a mark on their criminal record that will remain for the foreseeable future.

The other penalties for a felony DUI conviction are more immediate. The aggravated DUI statute labels most examples of these convictions as class 4 felonies. This means that a person with no prior felony convictions and with mitigating circumstances must still receive at least one year in jail. Furthermore, the aggravated DUI statute says that a judge cannot suspend or otherwise reduce the time spent in custody to less than four months in prison. Aggravating factors could result in a sentence of up to 3.75 years.

Convictions also affect a person’s finances and future ability to drive. Judges in these cases must order the revocation of a defendant’s driver’s license. That license is ineligible for reinstatement for at least one year. In addition, convictions will require a person to pay at least $4,000 in fines and attend traffic survival school. The dedicated felony DUI attorneys at our firm work to help accused people avoid these harsh penalties and preserve their future prospects.

Effective Defenses Against DUI Felony Charges

Felony DUI charges in Gilbert require a strategic, well-prepared defense, especially given Arizona’s aggressive enforcement. About 804,926 suspected DUI arrests were recorded statewide in 2024, and DPS reported 4,583 DUI arrests in 2023. These cases frequently originate in neighborhoods such as Power Ranch, Seville, and Finley Farms, where police conduct regular traffic enforcement. 

After an arrest, most individuals are booked at the Maricopa County Fourth Avenue Jail, 201 S. 4th Avenue, Phoenix, AZ 85003. In Gilbert, which has a crime rate of 18.50 per 1,000 residents, prosecutors often seek harsh penalties for anyone convicted of this serious crime. The same defense strategies that can fight a DUI charge can prove effective for beating a felony DUI. 

Your attorney can question the legality of the traffic stop, scrutinize the accuracy of breath or blood testing, expose flaws in field-sobriety procedures, or argue that the state cannot prove actual physical control of the vehicle. In aggravated DUI cases, pinpointing procedural errors, breaks in the chain of custody, or unreliable forensic results can significantly weaken the prosecution and create opportunities for reduced charges or a dismissal.

Why You Should Hire a Felony DUI Lawyer

Being charged with a felony DUI does not mean that you will ultimately face a life-altering conviction. Having strong legal representation can greatly influence the outcome of your case in your favor. When you work with a Gilbert felony DUI attorney, you benefit from their years of experience managing felony DUI cases. 

A defense attorney understands Arizona’s felony DUI laws and which strategies can help you beat your charges. Lawyers are skilled negotiators and investigators who can uncover flaws in the state’s case before taking decisive action to secure favorable outcomes for their clients. 

FAQs

Q: What Triggers a Felony DUI in Gilbert, Arizona?

A: Multiple scenarios can trigger a felony DUI in Gilbert. A DUI while driving with a suspended license, multiple DUI convictions, or driving with a passenger under 15 while intoxicated can all trigger a felony charge under the state’s criminal laws. Aggravated DUI carries serious consequences that can land defendants in prison and with a life-altering criminal record. 

Q: What Are the Minimum Jail and Prison Sentences for a Felony DUI?

A: A felony DUI carries mandatory prison time. Under A.R.S. § 28-1383, the minimum sentence is four months in state prison, and the court cannot suspend or convert that time to probation. If the felony involves a child in the vehicle, driving on a suspended license, or a third DUI within 84 months, the same mandatory prison rules apply. Judges may impose longer terms depending on prior convictions, injuries, or aggravating factors.

Q: Will My Driver’s License Be Revoked if I’m Charged With a Felony DUI?

A: Being charged with a felony DUI does not automatically revoke your license. However, the arrest triggers an administrative suspension through the Arizona MVD if you refuse testing or if your blood or breath test shows alcohol or drugs in your system. That suspension can take effect before your criminal case ends, though you have the right to request a hearing. 

Q: Can a Felony DUI Be Reduced to a Misdemeanor?

A: Being charged with a felony DUI does not automatically revoke your license. However, Arizona law requires an administrative suspension under A.R.S. § 28-1385 when you are arrested and either refuse testing or your blood or breath test shows alcohol or drugs in your system. This suspension typically lasts 90 days, and it can begin 30 days after you are served with the order, unless you request a hearing with the MVD.

CONTACT A LAWYER NOW FOR HELP WITH A FELONY DUI IN GILBERT

DUI cases can become felonies for a variety of reasons. A person’s prior criminal record involving DUIs can allow a prosecutor to pursue a new case as a felony. Additionally, the presence of a child in the vehicle or a DUI arrest while your license was suspended for a separate DUI case can also result in aggravated charges.

Our relentless attorneys at Grand Canyon Law Group can help you defeat these serious allegations in court. We will explain how a felony DUI in Gilbert works and build a tailored defense strategy for your situation. This may include disputing that you were under the influence of alcohol or contesting whether an aggravated DUI charge is appropriate. Call us today to get started.

Schedule A Consultation With The Grand Canyon Attorney Who Can Help

480-400-5555

Schedule A Consultation