Arizona · A.R.S. §§ 28-1381 to 28-1383
Arizona calls the offense DUI and has some of the toughest penalties in the country, with separate "extreme" and "super extreme" charges based on BAC. Even a first offense carries mandatory jail time.
Legal term
DUI
A.R.S. § 28-1381
BAC limit, 21 and over
0.08%
0.04% in a commercial vehicle; any impairment can be charged
Extreme DUI
0.15%
A.R.S. § 28-1382
Super extreme DUI
0.20%
The harshest misdemeanor DUI
Drivers under 21
Any alcohol
Zero-tolerance law
Prior-offense lookback
7 years
84 months between offenses
Arizona sets mandatory minimums that judges can't reduce. Penalties climb with your BAC as well as your record. Fine amounts include required assessments and are approximate minimums.
| First DUI (0.08%+) | First extreme (0.15%+) | First super extreme (0.20%+) | Second DUI in 7 years | |
|---|---|---|---|---|
| Jail | 10 days; 9 can be suspended after alcohol screening | 30 consecutive days | 45 consecutive days | At least 90 days |
| Fines and assessments | At least $1,250 | At least $2,500 | About $2,750 or more | At least $3,000 |
| License | 90-day suspension | 90-day suspension | 90-day suspension | 1-year revocation |
| Ignition interlock | 12 months | 12 months | 18 months | 12 months |
| Also required | Alcohol screening, Traffic Survival School | Alcohol screening, Traffic Survival School | Alcohol screening, Traffic Survival School | Alcohol screening, community service |
A third DUI within 7 years is aggravated DUI, a felony. See Felony DUI.
A DUI arrest in Arizona starts two cases: an MVD license case and a criminal case. They run separately, and the MVD suspension can take effect even if you're never convicted.
MVD · starts at arrest
The officer takes your license and gives you a temporary permit. Request an MVD hearing within 30 days of the date on your suspension notice.
If the suspension stands: 90 days for a first offense, with a restricted license possible after the first 30.
Court · starts when charged
A conviction brings its own suspension or revocation, shown in the table above.
An ignition interlock restricted license may let you keep driving.
Under Arizona's implied consent law, driving means you've agreed to a breath, blood or urine test after a DUI arrest. Refusing brings an automatic suspension, can be used as evidence against you, and police can still get a warrant for a blood test.
First refusal
12 months
license suspension
Second refusal in 7 years
24 months
license suspension
You may qualify for early reinstatement by installing an ignition interlock (a special ignition interlock restricted license).
These factors bring harsher mandatory penalties or turn a DUI into a felony.
Arizona calls felony DUI "aggravated DUI" (A.R.S. § 28-1383). A DUI becomes aggravated when:
Arizona requires an ignition interlock after every DUI conviction, including a first offense: generally 12 months for a standard or extreme DUI and 18 months for a super extreme DUI, with at least 24 months after an aggravated DUI.
The Arizona statutes this guide is based on.