Phoenix Felony DUI Lawyer

Former Maricopa County Prosecutor. Personal Representation. Every Case.

A felony DUI charge moves your case out of city court and into Maricopa County Superior Court, where the Maricopa County Attorney’s Office takes over the prosecution. That shift changes everything: the stakes, the procedures, and the level of defense you need. I know how that office builds felony drunk driving cases because I prosecuted them. Before founding The Koplow Law Firm in 2005, I worked in the Vehicular Crimes Section of the Maricopa County Attorney’s Office, the same division that handles these prosecutions today.

That insider knowledge isn’t a talking point. It shapes how I read a charging document, how I assess what the state values in a negotiation, and where I look for the gaps they don’t advertise. With more than 25 years of criminal law experience, over 300 jury trials, and a depth of forensic training that I regularly teach to other attorneys across Arizona and nationally, I bring a level of preparation to felony DUI defense that many defendants don’t get from a single attorney.

When you hire this firm, you hire me. Not a junior associate. I handle your case personally from the first consultation through resolution, and I offer free consultations, 24/7 availability, and virtual meetings for clients who need flexibility.

Call (602) 560-7837 or contact me online today to schedule a free consultation. I meet with clients both in person and through video conference.

What Makes a DUI a Felony in Arizona

Under A.R.S. § 28-1383, Arizona’s aggravated DUI statute, a DUI becomes a felony when any one of five triggering circumstances applies. Blood alcohol content alone doesn’t determine felony status. A driver can face aggravated DUI charges at any BAC level if one of these conditions is present.

The five circumstances that trigger an aggravated felony DUI charge are:

• Suspended, revoked, canceled, or restricted license: Driving while impaired on a license that was already suspended or restricted at the time of the offense.
• Third DUI within 84 months: A third DUI offense occurring within 84 months of the first offense date.
• Child passenger under 15: A passenger younger than 15 years old was in the vehicle at the time of the offense.
• Ignition interlock violation: The driver was under a court order requiring an ignition interlock device and was driving a vehicle without one installed.
• Wrong-way driving while impaired: Operating a vehicle the wrong way on a highway while impaired.

Felony Class & Sentencing Exposure

The first four circumstances involving a suspended license, a third offense within 84 months, an ignition interlock violation, and wrong-way driving are charged as Class 4 felonies, carrying a mandatory minimum of four months in the Arizona Department of Corrections. A child passenger under 15 is a Class 6 felony, with mandatory prison exposure of up to two years.

One consequence sets a felony DUI apart from every other DUI conviction: it is forever allegeable. An aggravated DUI conviction under A.R.S. § 28-1383 can be used as a prior felony in any future felony proceeding, no matter how many years pass. A misdemeanor DUI is only allegeable within seven years. Arizona doesn’t expunge felony DUI convictions. A set-aside under A.R.S. § 13-905, which allows a court to dismiss the judgment after sentence completion, is available, but the conviction still appears on your record marked as set aside, not erased.

The Consequences of a Felony DUI Conviction

The prison exposure and license consequences are serious enough on their own. What follows a felony drunk driving conviction in the years after sentencing is a separate category of harm.

• Loss of civil rights: A felony DUI conviction results in the loss of the right to vote and the right to own or purchase firearms. These rights don’t restore automatically and often require separate legal steps after the sentence is completed.
• Employment challenges: Many employers conduct background checks and may disqualify applicants with felony convictions. Licensed professions including teaching, healthcare, real estate, and finance impose their own board-level restrictions that can end or redirect a career.
• Housing barriers: Landlords commonly screen for felony convictions, and public housing programs impose their own restrictions, limiting options significantly.
• Social burden: Being labeled a felon strains personal relationships and creates long-term barriers to community reintegration. The weight of that label doesn’t lift when the sentence ends.
• Financial consequences: Elevated insurance rates, limited access to credit, and employment-related income loss can persist for years after a felony DUI conviction.