Felony DUI Attorney in Tucson
Facing a Felony DUI? Identify the Aggravating Factor & Underlying Evidence
A felony DUI charge can place your freedom, driving privileges, employment, education, and family responsibilities at risk. The charge turns on more than the alcohol or drug evidence: the state must also allege a statutory circumstance that elevates the underlying DUI to a felony.
At Law Offices of Patrick Alan Moran, LLC, we provide clear legal direction after a felony drunk driving arrest or charge. We examine the alleged aggravating factor, the underlying DUI evidence, and the practical concerns that may affect your decisions.
Whether you’re a college student navigating university discipline or an adult concerned about your future, we build a personalized strategy around your circumstances. Early review can include the arrest, license status, prior DUI history, passenger allegations, ignition interlock requirements, wrong-way driving allegations, and chemical or field sobriety evidence.
Call (520) 402-3226 or reach out online today to schedule a confidential consultation with a felony DUI attorney in Tucson. Virtual consultations are available.
Understanding the Conditions That Result in a Felony DUI in Arizona
In Arizona, a DUI charge can become an aggravated DUI, commonly called a felony DUI, under A.R.S. § 28-1383. The felony classification depends on a specific statutory circumstance, not simply on an elevated blood alcohol concentration.
Our review addresses both the underlying DUI allegation and the aggravating factor the state claims applies. Actual physical control can also be at issue even if a vehicle wasn’t moving.
Arizona law identifies several circumstances that can support an aggravated DUI charge when an underlying DUI offense is alleged:
- Prior DUI History: A third or subsequent qualifying DUI violation within 84 months. The statutory analysis can include qualifying Arizona convictions and comparable out-of-state conduct.
- Driving on a Suspended or Revoked License: Allegedly committing DUI while a driver’s license or privilege to drive is suspended, canceled, revoked, refused, or subject to a restriction.
- Minor in the Vehicle: Allegedly committing DUI while a passenger under 15 years old is in the vehicle.
- Ignition Interlock Device Violation: Allegedly committing DUI while required to use an ignition interlock device or while driving a vehicle that doesn’t meet the device requirement.
- Wrong-Way Driving: Allegedly committing DUI while driving the wrong way on a highway.
These circumstances don’t all carry the same felony classification or sentencing rules. We assess the particular allegation, the license and court records involved, and the evidence the prosecution would need to prove.
Shepherding You Through the Criminal Justice System Your Advocate, Every Step of the Way
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Tailored Defense
We design personalized legal strategies to fit your unique case, ensuring the best path forward for your situation.
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Client-Centered Approach
Compassionate and approachable, we guide you through the process with clear communication and understanding.
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Focused Representation
From DUI and traffic violations to college disciplinary cases, we leverage our deep understanding of the law.
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Unique Insight
With experience as a former judge, Patrick Alan Moran offers unparalleled perspective and strategic advantage.
Sentencing for a Felony DUI Conviction in Arizona
Arizona law provides different sentencing rules for the separate aggravated DUI circumstances in A.R.S. § 28-1383. Mandatory imprisonment, felony classification, fines, license consequences, and eligibility for probation or release depend on the charged subsection, the underlying DUI offense, and prior convictions:
- Mandatory Prison Time: License-related, qualifying repeat-offense, ignition-interlock, and wrong-way aggravated DUI convictions can require time in prison before probation, suspension, or other release options are available. Under A.R.S. § 28-1383, a qualifying repeat-offense conviction can require at least eight months before release eligibility when the statutory prior-conviction conditions are met.
- Felony Fines and Assessments: Courts can impose fines, surcharges, and assessments. The amount depends on the charged offense and sentence.
- License Revocation: A conviction can result in license revocation, and Arizona law prohibits issuance of a new driver’s license within one year of the date of conviction when the statutory conditions apply.
- Ignition Interlock Device: An ignition interlock requirement may apply after reinstatement when required by law.
- Screening and Treatment: The court can order alcohol or drug screening, education, treatment, or evidence-based psychotherapy.
How We Defend Against Felony DUI Charges in Tucson
We build each defense around the facts and your goals rather than using a standard template.
We start by examining the evidence: police reports, field sobriety and chemical test results, officer conduct, and any bodycam or dashcam footage. We look for errors, inconsistencies, or violations of your rights that may affect the case. The prosecution must prove both the underlying DUI violation and the alleged statutory aggravating circumstance.
Our defense strategies may include:
- Challenging the legality of the initial stop or arrest
- Questioning the accuracy of field sobriety test results and breath-testing devices
- Identifying medical issues or external factors affecting your results
- Highlighting procedural mistakes during the investigation or booking
- Reviewing license records, prior convictions, and proof of the alleged aggravating factor
Why People in Tucson Rely on Us for Felony DUI Defense
Our approach starts with an honest appraisal of the charge and the issues that matter to you. Each strategy is built around your circumstances.
Patrick Alan Moran brings more than 20 years of legal experience as a former judge and former public defender. We have experience with Pima County Superior Court and University of Arizona disciplinary hearings, allowing us to consider both criminal and university proceedings where they overlap.
We communicate transparently about legal options, deadlines, risks, and decisions requiring prompt attention.
