Change is Coming!

 Posted on July 12, 2022 in DUI

By Amanda Stafford, Esq.

Arizona has just signed into law House Bill 2673. The changes will take effect on January 1, 2023, and will affect Arizona’s DUI laws in 4 ways. 

1. Aggravated DUI as a Lifetime Prior Felony

Before this new change, if someone had a conviction for aggravated DUI it was considered a lifetime prior felony. The State could use someone’s prior aggravated DUI conviction against them to request a harsher penalty if they were ever found guilty of another felony. Lifetime prior felonies could be used against someone forever. 

For example, if someone at 21 was convicted of an aggravated DUI and 50 years later had a new felony charge the State could use the prior aggravated DUI against them for a harsher sentence. With the new law change, the aggravated DUI is treated more like other felonies and can only be used against them “forever” if the person is being sentenced for another aggravated DUI. Aggravated DUIs can still be used for harsher sentencing in some circumstances and depending on the age of the conviction.

2. Misdemeanor DUIs

There is also a major change coming to the Misdemeanor DUI arena. Previously, there was a subsection of the law that some prosecutors used as an excuse to not drop DUI cases down to reckless driving or other lesser included offenses. This section will be disappearing from the law on January 1, 2023. What this means is that prosecutors will no longer be able to claim that the law forbids them from dismissing questionable DUI cases.

While the attorneys at The Behan Law Group have been able to get DUI cases negotiated down to reckless driving pleas in many cases, this new law opens up that possibility to even more citizens who were arrested or charged with DUI under doubtful circumstances. We have represented multiple people charged with DUI who have had borderline alcohol concentrations, or were injured, but made to do the field sobriety tests anyway. These cases now can be resolved much easier with this change in the law.

3. MVD Points

Prior to the new changes, if someone was cited for a DUI and a civil traffic violation, such as speeding, the MVD could add points to someone’s license for the DUI (which adds 8 points) and the points for the civil traffic violation (usually 3 points). Under the new law, the MVD can only add points for one violation per incident. This means if someone is cited for DUI, following too closely, improper turn, and more, they will only have 8 points total added to their license instead of the 14 that they would have had. This is very helpful for DUI defendants who take their cases to trial.

4. Expunging a DUI from MVD Record

Did you know that your MVD record could show a DUI even if you were never charged with DUI? That isn’t fair, and the legislators did not think so either. This is changing! Now, if charges for a misdemeanor DUI are not brought within one year, the DUI can be removed from the MVD record.

With all these changes, it is important to have an experienced attorney who knows how these changes will affect your case. If you or a loved one is arrested for DUI, contact us at 520-220-5047 and let Miss DUI Arizona fight for you!