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Statute of Limitations for Felony DUI in Arizona

Driving under the influence (DUI), is a very serious offense with serious consequences in the State of Arizona. If you are charged with a DUI in Arizona, especially if the charge is a felony, you should hire an experienced attorney who knows the law to handle the matter for you.

What is a felony DUI in Arizona?

In Arizona, you can be charged with a felony or aggravated DUI if any of the following is true:

  1. This is your third DUI charge within 7 years
  2. You were charged with driving under the influence while your license is suspended
  3. You were charged with driving under the influence with a child under age 15 in the car.

What is the Statue of Limitations for a Felony Aggravated DUI in Arizona?

The statute of limitations for a felony DUI in Arizona is seven years. That means that the prosecutor can charge you with a felony DUI for up to seven years after the date of the offense.

Sometimes, if you are charged with a felony DUI and the blood results are not back in time for the court date, the matter is dismissed. However, that does not mean the case is gone forever. Once the blood results are in, assuming the BAC is over the legal limit, the case can still be reinstated within the seven-year look back period.

Because of the possibility of reinstatement even after your case is dismissed, you or your attorney should perform routine warrant checks approximately every month to make sure there is no outstanding warrant for your arrest. If no warrant has been brought within three years from the date of the offense, there is a good chance you will not be charged, even though there are four more years left on the statute.

Things can get tricky if the charge is filed after you have moved from the address where you lived at the time the offense occurred. If a summons cannot be served because the address on record is no longer correct, the summons will be returned to the court and a warrant will be issued for your arrest. That means it’s possible that you can be pulled over years later on a routine traffic stop and arrested for a felony DUI based on the outstanding warrant.

If you or a loved one has been suspected of a Felony DUI in Arizona please email us or give our offices a call at (602) 307-0808 for a Free Case Review.




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