Arizona DUI Laws: Statutes, Penalties, and Defense
Arizona has earned a national reputation for strict DUI enforcement. The state imposes mandatory jail time even for first-offense DUI convictions, requires ignition interlock devices for most offenders, and aggressively prosecutes impaired driving at multiple BAC thresholds.
Understanding Arizona’s DUI laws is essential for anyone facing charges. This guide covers the relevant statutes, classifications, penalties, administrative consequences, and defense considerations under Arizona law.
Arizona DUI Statutes Overview
Arizona’s DUI laws are codified in Title 28 (Transportation), Chapter 4 (Driving Under the Influence) of the Arizona Revised Statutes. The primary statutes governing DUI offenses are:
- ARS § 28-1381 — Driving or actual physical control while under the influence
- ARS § 28-1382 — Driving with a BAC of 0.15% or more (Extreme DUI)
- ARS § 28-1383 — Aggravated driving or actual physical control while under the influence (Felony DUI)
Arizona law prohibits operating or being in “actual physical control” of a vehicle while impaired. This means you can be charged with DUI even if the vehicle is parked and not moving, as long as you had the ability to operate it.
DUI Classifications Under Arizona Law
Standard DUI (ARS § 28-1381)
Under ARS § 28-1381, a person commits DUI if they drive or are in actual physical control of a vehicle while:
- Under the influence of intoxicating liquor, drugs, a vapor-releasing substance, or any combination — if impaired to the slightest degree
- With a blood alcohol concentration (BAC) of 0.08% or more within two hours of driving
- With any drug or its metabolite in their body — if the drug is listed in ARS § 13-3401 (controlled substances)
The “impaired to the slightest degree” standard is significant. Arizona does not require proof of a specific BAC level to convict under this provision. If the prosecution can demonstrate that alcohol or drugs affected your ability to drive—even minimally—you can be convicted.
A first or second Standard DUI within 84 months (7 years) is a Class 1 Misdemeanor.
Extreme DUI (ARS § 28-1382)
Arizona imposes enhanced penalties for elevated BAC levels:
- Extreme DUI: BAC of 0.15% or more but less than 0.20%
- Super Extreme DUI: BAC of 0.20% or more
These offenses carry significantly higher mandatory minimum sentences than Standard DUI, including longer jail terms, higher fines, and extended ignition interlock requirements.
A first or second Extreme or Super Extreme DUI within 84 months is a Class 1 Misdemeanor with enhanced penalties.
Aggravated DUI (ARS § 28-1383)
Aggravated DUI is a felony offense. Under ARS § 28-1383, a DUI becomes aggravated if the person:
- Commits DUI while their license is suspended, canceled, revoked, or refused, or while subject to an ignition interlock requirement
- Commits a third or subsequent DUI within 84 months (7 years)
- Commits DUI with a passenger under 15 years of age in the vehicle
- Refuses to submit to or fails a chemical test while subject to an ignition interlock requirement
- Commits DUI while driving the wrong way on a highway
Aggravated DUI is classified as follows:
- Class 4 Felony: Third offense within 84 months, or DUI while license suspended/revoked
- Class 6 Felony: DUI with a child under 15 in the vehicle
- Class 2 Felony: Wrong-way DUI causing serious physical injury or death
DUI Penalty Tables
First Offense Penalties
| DUI Type | BAC Level | Jail (Minimum) | Fines & Fees | License Suspension | Ignition Interlock |
| Standard DUI | 0.08% – 0.149% | 10 days (9 suspended if treatment completed) | ~$1,500+ | 90 days | 12 months |
| Extreme DUI | 0.15% – 0.199% | 30 days | ~$2,500+ | 90 days | 12 months |
| Super Extreme DUI | 0.20%+ | 45 days | ~$3,000+ | 90 days | 18 months |
Second Offense Penalties (Within 84 Months)
| DUI Type | BAC Level | Jail (Minimum) | Fines & Fees | License Revocation | Ignition Interlock |
| Standard DUI | 0.08% – 0.149% | 90 days (60 suspended possible) | ~$3,500+ | 1 year | 12 months |
| Extreme DUI | 0.15% – 0.199% | 120 days | ~$3,500+ | 1 year | 24 months |
| Super Extreme DUI | 0.20%+ | 180 days | ~$4,500+ | 1 year | 24 months |
Aggravated DUI Penalties (Felony)
| Circumstance | Classification | Prison Range | Additional Consequences |
| Third DUI in 84 months | Class 4 Felony | 4 months to 3.75 years | 3-year license revocation |
| DUI with suspended license | Class 4 Felony | 4 months to 3.75 years | 3-year license revocation |
| DUI with child under 15 | Class 6 Felony | 4 months to 2 years | License revocation, child endangerment record |
| Wrong-way DUI (no injury) | Class 4 Felony | 4 months to 3.75 years | 3-year license revocation |
| Wrong-way DUI (serious injury/death) | Class 2 Felony | 7 to 21 years | Extended revocation, restitution |
Note: Felony sentences may be increased based on prior felony convictions and other aggravating factors.
Arizona’s Implied Consent Law
Under ARS § 28-1321, Arizona operates under an “implied consent” framework. By driving on Arizona roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if a law enforcement officer has reasonable grounds to believe you are driving under the influence.
Consequences of Refusing Chemical Testing
If you refuse to submit to chemical testing:
- Administrative license suspension: 12 months for first refusal, 24 months for second refusal within 84 months
- Refusal can be used as evidence: Prosecutors may argue that refusal indicates consciousness of guilt
- Blood draw may be compelled: Officers can obtain a warrant to draw blood over your objection
The Admin Per Se Hearing
When you are arrested for DUI or refuse chemical testing, the Arizona Motor Vehicle Division (MVD) initiates an administrative license suspension separate from any criminal proceedings. This is called the “Admin Per Se” process.
Critical deadline: You have 30 days from the date of arrest or refusal to request an Admin Per Se hearing. If you do not request a hearing within this window, the suspension takes effect automatically.
The Admin Per Se hearing addresses:
- Whether the officer had reasonable grounds to believe you were DUI
- Whether you were lawfully arrested
- Whether you refused testing or had a BAC of 0.08% or higher
This administrative hearing is separate from your criminal case. You can lose your license through Admin Per Se even if criminal charges are later dismissed.
License Consequences
Arizona imposes license consequences through both the MVD (administrative) and the courts (criminal). These can run concurrently or consecutively depending on the circumstances.
Administrative Suspension (MVD)
| Circumstance | Suspension Period |
| BAC 0.08%+ (first offense) | 90 days |
| BAC 0.08%+ (second offense in 84 months) | 1 year revocation |
| Refusal to submit to testing (first) | 12 months |
| Refusal to submit to testing (second in 84 months) | 24 months |
Court-Ordered Suspension
The criminal court may impose additional license suspension or revocation as part of sentencing. For felony Aggravated DUI, license revocation is typically 3 years.
Restricted Licenses and Ignition Interlock
Arizona allows some DUI offenders to obtain a restricted license or special ignition interlock license, which permits driving only with an ignition interlock device (IID) installed. The IID requires a breath sample before the vehicle will start and at random intervals during operation.
Under ARS § 28-1461, ignition interlock is mandatory for:
- All DUI convictions (minimum 12 months for first offense)
- Extreme and Super Extreme DUI (18-24 months)
- Aggravated DUI (24+ months after license restoration)
The Arizona DUI Court Process
DUI cases proceed through different courts depending on the classification:
Misdemeanor DUI (Standard, Extreme, Super Extreme — First or Second Offense)
Misdemeanor DUI cases are typically handled in:
- Municipal Courts — For offenses occurring within city limits
- Justice Courts — For offenses occurring in unincorporated areas
The process generally follows these stages:
- Arrest and release: You may be released with a citation to appear or held until sober
- Arraignment: Formal reading of charges; you enter a plea (typically “not guilty” initially)
- Pretrial conference: Opportunity to negotiate with prosecution, review evidence
- Motions: Defense may file motions to suppress evidence, dismiss charges, etc.
- Trial or plea: Case proceeds to trial or resolves through plea agreement
- Sentencing: If convicted, the court imposes penalties within statutory ranges
Felony DUI (Aggravated DUI)
Felony DUI cases are handled in Superior Court and follow a more complex process:
- Initial appearance: Determination of release conditions
- Preliminary hearing or grand jury: Determination of probable cause
- Arraignment in Superior Court: Formal charges filed
- Pretrial proceedings: Discovery, motions, plea negotiations
- Trial: Jury trial in Superior Court
- Sentencing: If convicted, prison sentences apply
Specialized DUI Situations
Underage DUI (Zero-Tolerance Law)
Under ARS § 28-1381(A)(3), Arizona enforces a “Zero Tolerance” policy for drivers under 21. Any detectable alcohol in the system of an underage driver constitutes DUI, regardless of impairment.
This is a Class 1 Misdemeanor with penalties including:
- License suspension until age 18 (or 2 years, whichever is longer)
- Alcohol education/treatment
- Community service
- Potential jail time
Commercial Driver DUI
Commercial driver’s license (CDL) holders are held to a stricter standard under both federal and Arizona law:
- BAC threshold: 0.04% (half the standard limit) when operating a commercial vehicle
- CDL disqualification: 1 year for first DUI, lifetime for second
- Personal vehicle DUI: A DUI in your personal vehicle also affects your CDL
A DUI conviction can effectively end a commercial driving career.
Drug DUI and Marijuana DUI
Arizona’s DUI statute (ARS § 28-1381(A)(1) and (A)(3)) prohibits driving while impaired by drugs, including:
- Illegal drugs
- Prescription medications that cause impairment
- Marijuana (despite Proposition 207 legalization)
For controlled substances listed in ARS § 13-3401, the presence of the drug or its metabolite in your system is sufficient for a DUI charge—even without evidence of actual impairment.
Marijuana and DUI: Although Proposition 207 legalized recreational marijuana, driving while impaired by marijuana remains illegal. Unlike alcohol, there is no per se THC limit in Arizona. Officers assess impairment through observation, field sobriety tests, and Drug Recognition Expert (DRE) evaluations.
Prescription Medication DUI
You can be charged with DUI for driving while impaired by legally prescribed medication. Common medications that can lead to DUI charges include:
- Opioid pain medications
- Benzodiazepines (Xanax, Valium)
- Sleep medications (Ambien)
- Certain antidepressants
- Muscle relaxants
A valid prescription is not a defense if the medication impaired your ability to drive safely.
DUI Defense Strategies
Every DUI case has unique facts, but common defense strategies in Arizona include:
Challenging the Traffic Stop
The Fourth Amendment requires that police have reasonable suspicion to initiate a traffic stop. If the stop was unlawful, evidence obtained afterward may be suppressed. Defense considerations include:
- Did the officer observe an actual traffic violation?
- Was the stop based on an anonymous tip without corroboration?
- Did the officer have articulable facts supporting suspicion of DUI?
Field Sobriety Test Reliability
Standardized Field Sobriety Tests (SFSTs) are not perfectly reliable. Defense strategies may include:
- Officer failed to administer tests according to NHTSA protocols
- Environmental conditions affected performance (uneven surface, poor lighting, weather)
- Medical conditions affected performance (inner ear problems, leg injuries, obesity)
- Nervousness, fatigue, or footwear affected results
Chemical Test Accuracy
Breathalyzer and blood test results can be challenged on multiple grounds:
- Improper calibration or maintenance of breath testing equipment
- Failure to observe the required 15-minute deprivation period before breath testing
- Improper blood draw procedures or chain of custody issues
- Fermentation or contamination of blood samples
- Medical conditions affecting breath test results (GERD, diabetes)
Rising BAC Defense
Alcohol takes time to absorb into the bloodstream. If you consumed alcohol shortly before driving, your BAC may have been below 0.08% while driving but rose above the limit by the time testing occurred. Arizona law requires that the BAC be 0.08% or higher “within two hours of driving,” but the rising BAC defense may create reasonable doubt.
Actual Physical Control
If you were not driving when contacted by police, the prosecution must prove you were in “actual physical control” of the vehicle. Factors courts consider include:
- Whether the vehicle was running
- Location of the keys
- Where the defendant was seated
- Whether the vehicle was operable
- Location of the vehicle
Sleeping in a parked car, for example, may or may not constitute actual physical control depending on the circumstances.
Constitutional Violations
Other constitutional challenges may include:
- Miranda violations (statements obtained without proper warnings)
- Denial of right to counsel
- Unlawful search of the vehicle
- Coerced consent to testing
Frequently Asked Questions
How long does a DUI stay on my record in Arizona?
A DUI conviction remains on your criminal record permanently unless you qualify for record sealing under ARS § 13-911. For purposes of enhanced sentencing (determining whether a subsequent DUI is a “second offense”), Arizona uses an 84-month (7-year) lookback period.
Can I refuse a breathalyzer in Arizona?
You can refuse, but refusal triggers an automatic 12-month license suspension under the implied consent law (24 months for a second refusal). Additionally, officers can obtain a warrant to draw blood over your objection. Refusal may also be used as evidence against you at trial.
What is the difference between DUI and DWI in Arizona?
Arizona uses the term “DUI” (Driving Under the Influence). The state does not have a separate “DWI” classification. All impaired driving offenses fall under the DUI statutes.
Will I go to jail for a first DUI in Arizona?
Arizona mandates jail time for all DUI convictions. For a first Standard DUI, the minimum is 10 days (with 9 days suspended upon completion of alcohol screening and treatment). For Extreme DUI, the minimum is 30 days. For Super Extreme DUI, the minimum is 45 days.
Can I get a restricted license after a DUI?
In most cases, yes. Arizona allows eligible DUI offenders to obtain a restricted license or special ignition interlock license, which permits driving with an ignition interlock device installed. You should request an Admin Per Se hearing within 15 days of arrest to preserve your options.
What happens if I get a DUI with a child in the car?
DUI with a passenger under 15 years of age is Aggravated DUI, a Class 6 Felony under ARS § 28-1383(A)(3). Penalties include potential prison time, felony record, and potential involvement of child protective services.
Does a DUI affect my ability to own firearms?
A misdemeanor DUI does not directly prohibit firearm ownership. However, a felony Aggravated DUI conviction results in loss of firearm rights under both Arizona and federal law. Additionally, if your DUI involves domestic violence circumstances, federal prohibitions may apply.
How much does a DUI cost in Arizona?
Total costs for a DUI in Arizona typically range from $10,000 to $25,000+ when accounting for fines, fees, surcharges, insurance increases, ignition interlock costs, alcohol treatment programs, and potential lost income. Felony DUI costs are substantially higher.
Arizona DUI Defense Representation
Facing DUI charges in Arizona requires understanding both the criminal court process and the administrative license proceedings. The consequences of conviction extend beyond jail time and fines to affect driving privileges, employment, insurance rates, and personal reputation.
For a consultation regarding DUI charges anywhere in Arizona, contact Attorney Josh.
Call (480) 386-1824 or complete the contact form to discuss your case.