Felony and aggravated DUI: when a DUI becomes a felony
Most first DUIs are misdemeanors. Certain facts can make a DUI a felony, with prison exposure, long license revocations and a permanent record.
Updated October 2026 · Sources are linked in the text · General information, not legal advice.
Example: Arizona's aggravated DUI law
Under Arizona's aggravated DUI statute, a DUI is a felony when, for example (Arizona Revised Statutes §28-1383 (aggravated DUI)):
- you drove while your license was suspended, canceled, revoked or restricted;
- it's your third or later DUI within 84 months;
- a person under 15 was in the vehicle;
- you were required to use an ignition interlock device; or
- you were driving the wrong way on a highway.
Other states have their own lists. Common ones include repeat offenses, a crash causing serious injury or death, and driving on a suspended license.
Get a lawyer early
Felony DUI cases are far more serious than a first misdemeanor. If you're charged with a felony and can't afford a lawyer, ask the court about a public defender (how that works).
Quick answers
Is a third DUI a felony?
In many states, yes, within a look-back period. In Arizona, a third DUI within 84 months is aggravated DUI (Arizona Revised Statutes §28-1383 (aggravated DUI)).