Typically, DUI/DWI cases in Arizona are misdemeanors.
However, a felony charge may apply if any of three stipulations are present:
The first reason the offense could be charged as a felony is if the accused has committed 2 or more DUIs in the previous 5 years, in ANY of the 50 United States.
The second reason a DUI can be charged as a felony is if the accused commited the offense while his/her driver’s license was suspended or revoked.
And the third reason a DUI case may be charged as a felony is if there was a child aged 15 years or younger present when the offense was committed.
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