The Consequences of a Fourth DUI Conviction in Arizona
Driving under the influence (DUI) is always a serious offense in Arizona, but the stakes increase dramatically with each repeat offense. If you’re facing a fourth DUI conviction, you could be charged with a felony, resulting in a lengthy prison sentence, steep fines, and a permanent mark on your criminal record. Arizona’s DUI laws are among the toughest in the country, and courts are particularly harsh on repeat offenders.
This article explains what happens if you’re charged with a fourth DUI, how Arizona law classifies the offense, what penalties you might face, and what legal defenses may be available. Whether you were pulled over in Phoenix, Tempe, Mesa, or elsewhere in Maricopa County, understanding what you’re up against is critical to protecting your rights and future.
This article discusses the following:
- How Arizona Law Treats a Fourth DUI Offense
- Penalties for a Fourth DUI Conviction
- Real-World Examples of Fourth DUI Charges
- What Legal Defenses Can Be Used in a Fourth DUI Case?
- What Other Charges Often Accompany a Fourth DUI?
- FAQs About Fourth DUI Convictions in Arizona
- Key Points to Remember
- How Kolsrud Law Offices Can Help You Fight a Fourth DUI Charge
Josh Kolsrud, founding attorney of Kolsrud Law Offices, has years of experience on both sides of the courtroom. As a former state and federal prosecutor, he knows how prosecutors build DUI cases—and how to challenge them. If you’re facing a fourth DUI charge, his insights could be the difference between freedom and a decade in prison.
How Arizona Law Treats a Fourth DUI Offense
Under Arizona Revised Statutes (A.R.S.) § 28-1381 and § 28-1383, a fourth DUI within seven years (84 months) will likely be charged as a felony. Specifically, it falls under the category of Aggravated DUI, a Class 4 felony.
However, if one or more of the previous DUI convictions were aggravated or occurred while driving on a suspended license or with a minor in the vehicle, additional enhancements may apply.
To qualify as a fourth DUI, prosecutors must prove:
- You were impaired by alcohol or drugs while operating a motor vehicle;
- You had three prior DUI convictions in Arizona or another state within the past seven years;
- The prior offenses were not set aside or overturned.
Arizona does not differentiate between alcohol-based and drug-based DUIs when counting priors. Any qualifying DUI offense counts, even if the prior charges were resolved through plea agreements or occurred out of state.
Penalties for a Fourth DUI Conviction
A fourth DUI in Arizona carries extremely severe consequences. Because it is treated as an aggravated felony offense, it comes with mandatory prison time—even for individuals who may have avoided incarceration on their prior convictions.
The baseline penalties for a fourth DUI conviction in Arizona include:
- A Class 4 felony conviction
- Mandatory minimum prison sentence of 4 months (up to 3.75 years for a non-dangerous offense)
- Up to 10 years in prison if aggravating factors or prior felony convictions are present
- Fines and surcharges exceeding $4,000
- 3-year driver’s license revocation
- Mandatory ignition interlock device upon reinstatement
- Permanent felony on your criminal record
- Alcohol screening, education, and treatment
- Probation, if not sentenced to prison
Repeat felony offenders may also be sentenced under Arizona’s repetitive offender statute (A.R.S. § 13-703), which increases the minimum and maximum prison terms based on prior felony convictions.
Fourth DUI Penalty Table
| Offense | Classification | Minimum Sentence | Maximum Sentence | ARS Reference |
| Fourth DUI (non-violent, non-dangerous) | Class 4 Felony | 4 months prison | 3.75 years | A.R.S. § 28-1383 |
| With one prior felony | Class 4 Felony | 2.25 years | 7.5 years | A.R.S. § 13-703(B) |
| With two or more prior felonies | Class 4 Felony | 6 years | 15 years | A.R.S. § 13-703(C) |
Real-World Examples of Fourth DUI Charges
Example 1:
A 42-year-old man from Mesa was arrested during a traffic stop on the Loop 202. Officers found he had a blood alcohol concentration (BAC) of 0.19%. His record showed three previous DUIs, the most recent occurring five years earlier. He was charged with an aggravated DUI under A.R.S. § 28-1383 and sentenced to 2.5 years in prison under A.R.S. § 13-703(B) due to one prior felony.
Example 2:
A Scottsdale woman was arrested for DUI after causing a minor accident near Old Town. While her BAC was only 0.10%, she had three prior DUI convictions—one in California and two in Arizona. Because one of the priors was a felony DUI, her fourth offense triggered enhanced sentencing under the repeat offender statute. She received a 7-year prison sentence under A.R.S. § 13-703(C).
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What Legal Defenses Can Be Used in a Fourth DUI Case?
When facing a fourth DUI charge, building a strong legal defense is critical. Attorney Josh Kolsrud of Kolsrud Law Offices draws on his experience as a former federal prosecutor to develop targeted defense strategies that challenge the prosecution’s case.
Common defenses include:
- Unlawful Traffic Stop
If the officer lacked reasonable suspicion to pull you over, any evidence gathered afterward—including BAC results—may be inadmissible. - Faulty Breath or Blood Testing
Breathalyzers and blood testing equipment must be properly calibrated and operated by certified personnel. Any errors could result in suppressed evidence. - Improper Handling of Prior Convictions
The prosecution must prove all three prior DUI convictions were valid. If any were expunged, set aside, or do not qualify under Arizona law, they cannot be used to enhance the charge. - Denial of Right to Counsel
If you were denied access to an attorney or coerced into making a statement, that could form the basis for a constitutional challenge. - No Actual Physical Control of the Vehicle
Arizona law requires that the driver be in actual physical control of the vehicle. If you were merely sleeping in a parked car, you may have a viable defense.
What Other Charges Often Accompany a Fourth DUI?
A fourth DUI is often just one part of a larger criminal case. In many instances, prosecutors will add charges such as:
- Driving on a suspended or revoked license
- Child endangerment (if a minor was present)
- Criminal damage (if an accident occurred)
- Reckless driving or excessive speeding
- Open container violations
These additional charges can complicate your case and increase your potential penalties. Josh Kolsrud works to minimize the overall exposure his clients face by negotiating plea deals that may result in the dismissal or reduction of secondary charges.
FAQs About Fourth DUI Convictions in Arizona
Can I avoid prison on a fourth DUI conviction?
Prison is mandatory for a fourth DUI felony conviction. However, the length of the sentence can vary, and an attorney may be able to negotiate a lesser term.
Is a fourth DUI considered a violent crime?
No, unless the DUI involved an accident resulting in serious injury or death. However, it is still a felony with life-altering consequences
Can out-of-state DUIs count toward the four?
Yes. Arizona recognizes valid out-of-state convictions when calculating DUI history.
Will I ever get my driver’s license back?
Possibly. After the revocation period ends, you may apply for reinstatement, but you’ll likely be required to use an ignition interlock device and undergo evaluation.
Can I expunge a fourth DUI from my record?
Arizona does not allow expungement of felony DUIs, but you may be eligible for a set aside under A.R.S. § 13-905.
Does Arizona have a look-back period for DUI convictions?
Yes. The state typically looks back seven years to count prior DUI convictions. However, older DUIs can still influence sentencing in some cases.
Key Points to Remember
- A fourth DUI in Arizona is a felony and typically results in mandatory prison time.
- Prosecutors must prove the three prior DUI convictions meet Arizona’s standards.
- The penalties increase if you have prior felony convictions or aggravating circumstances.
- Legal defenses may challenge the traffic stop, BAC testing, or the validity of prior convictions.
- You have the right to an experienced attorney who can protect your future.
How Kolsrud Law Offices Can Help You Fight a Fourth DUI Charge
If you're facing a fourth DUI conviction, you need more than just legal advice—you need a strategic advocate who understands both the courtroom and how prosecutors think.
Josh Kolsrud spent years as a felony prosecutor in Maricopa County and later as a federal Assistant U.S. Attorney. He’s handled over 3,500 cases and more than 100 trials, many of them involving complex DUI and felony charges.
At Kolsrud Law Offices, we treat every case with the attention it deserves. We offer:
- Free, confidential consultations
- One-on-one meetings with an experienced attorney, not a case manager
- Direct insights into prosecution tactics and how to counter them
- A strong reputation in Arizona’s legal community
Call us today at (480) 680-9769 or visit https://kolsrudlawoffices.com to schedule your consultation. The earlier you call, the more options we may have to fight your charges.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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