A DUI charge in Arizona is one of the most serious traffic-related offenses you can face. Arizona is known for having some of the toughest DUI laws in the country, with mandatory jail time even for first-time offenders and escalating penalties based on your blood alcohol concentration. Unlike a standard speeding ticket or traffic infraction, a DUI is a criminal charge that can result in jail time, thousands of dollars in fines, a suspended license, and a permanent criminal record.
This guide explains Arizona's DUI laws, the different levels of DUI charges, the penalties for each, and what you should do if you are facing a DUI.
Key Takeaways
- Mandatory jail time — Arizona has mandatory jail time for all DUI convictions — even first offenses
- BAC limits — 0.08% standard, 0.04% CDL, 0.00% under 21 — but you can be charged at any BAC if impaired
- Penalties escalate sharply — Regular DUI, Extreme DUI (0.15%+), Super Extreme DUI (0.20%+), Aggravated DUI (felony)
- Refusing a breathalyzer — triggers an automatic 12-month license suspension under implied consent law
- Criminal charge — DUI is not covered under Traffic Ticket Buddy's standard subscription plans — subscribers who submit a DUI are connected with a criminal defense attorney
Arizona DUI Law Overview
Arizona's DUI statutes are found primarily under ARS 28-1381 through ARS 28-1383. Under these laws, it is illegal to drive or be in actual physical control of a vehicle while:
- Under the influence of intoxicating liquor, any drug, a vapor-releasing substance, or any combination of these if impaired to the slightest degree
- Having a blood alcohol concentration (BAC) of 0.08% or more within two hours of driving
- Having any drug defined in ARS 13-3401 or its metabolite in your body (this includes marijuana, even in trace amounts from past use)
The phrase "impaired to the slightest degree" is critical. Arizona prosecutors do not need to prove your BAC was above the legal limit to secure a DUI conviction. If an officer observes signs of impairment — slurred speech, erratic driving, failed field sobriety tests — you can be charged with DUI regardless of your BAC reading.
Arizona's "impaired to the slightest degree" standard (ARS 28-1381(A)(1)) means you can face DUI charges even with a BAC below the legal limit. If the officer or prosecutor can demonstrate that alcohol or drugs affected your ability to drive, the charge can stick. This makes Arizona's DUI enforcement among the strictest in the nation.
BAC Limits in Arizona
Arizona enforces different BAC thresholds depending on the type of driver:
| Driver Type | BAC Limit | Statute |
|---|---|---|
| Standard drivers (21+) | 0.08% | ARS 28-1381(A)(2) |
| Commercial drivers (CDL) | 0.04% | ARS 28-1381(A)(3) |
| Drivers under 21 | 0.00% (zero tolerance) | ARS 4-244(34) |
Remember that these are thresholds for per se DUI charges — meaning the BAC alone is sufficient for a charge. The "impaired to the slightest degree" provision allows charges at any BAC level when there is evidence of impairment.
DUI Classifications and Penalties
Arizona categorizes DUI offenses into four levels based on BAC and circumstances. Penalties increase substantially at each level, and all include mandatory jail time.
Standard DUI (BAC 0.08% -- 0.149%)
A standard or "regular" DUI under ARS 28-1381 is the baseline DUI charge. Even at this level, Arizona imposes penalties that many other states reserve for repeat offenders.
First offense penalties:
- Minimum 10 consecutive days in jail (9 days may be suspended if you complete screening and treatment)
- Fines and fees totaling approximately $1,500 or more
- 90-day license suspension (first 30 days are a total suspension, followed by 60 days of restricted driving privileges)
- Mandatory installation of an ignition interlock device (IID) for at least 12 months
- Alcohol screening, education, and possible treatment program
- Possible community service
- SR-22 insurance requirement for 3 years
Second offense within 84 months:
- Minimum 90 days in jail (with possible work release after initial period)
- Fines and fees totaling approximately $3,500 or more
- 12-month license revocation
- IID for at least 12 months after license reinstatement
- 30 hours of community service
Extreme DUI (BAC 0.15% -- 0.199%)
Under ARS 28-1382(A)(1), an Extreme DUI applies when your BAC is 0.15% or higher but below 0.20%. The penalties jump significantly from a standard DUI.
First offense penalties:
- Minimum 30 consecutive days in jail
- Fines and fees totaling approximately $2,500 or more
- 90-day license suspension
- IID for at least 18 months
- Alcohol screening and treatment
- SR-22 insurance requirement
Second offense within 84 months:
- Minimum 120 days in jail
- Fines and fees totaling approximately $3,750 or more
- 12-month license revocation
- IID for at least 24 months
Super Extreme DUI (BAC 0.20%+)
Under ARS 28-1382(A)(2), a Super Extreme DUI applies when your BAC reaches 0.20% or higher. This is still a misdemeanor but carries the harshest penalties short of a felony.
First offense penalties:
- Minimum 45 consecutive days in jail
- Fines and fees totaling approximately $3,250 or more
- 90-day license suspension
- IID for at least 24 months
- Alcohol screening and treatment
- SR-22 insurance requirement
Second offense within 84 months:
- Minimum 180 days in jail
- Fines and fees totaling approximately $4,650 or more
- 12-month license revocation
- IID for at least 36 months
Aggravated DUI (Felony)
Under ARS 28-1383, a DUI becomes an Aggravated DUI — a class 4 felony — under any of these circumstances:
- You committed DUI while your license was suspended, canceled, revoked, or refused
- You have two or more prior DUI convictions within the past 84 months (7 years)
- You were required to have an ignition interlock device installed and did not have one
- You had a passenger under 15 years old in the vehicle
- You were driving the wrong way on a highway
An Aggravated DUI is a class 4 felony in Arizona, carrying a minimum of 4 months in prison (for a first felony DUI) and up to 3.75 years in the Department of Corrections — not county jail. You will also face a 3-year license revocation, mandatory IID after reinstatement, and a permanent felony record that affects employment, housing, voting rights, and firearm ownership. If you are facing an Aggravated DUI charge, working with an experienced criminal defense attorney is essential.
Aggravated DUI penalties (first felony offense):
- Minimum 4 months in the Arizona Department of Corrections (prison, not county jail)
- Up to 3.75 years in prison
- Fines and fees potentially exceeding $4,000
- 3-year license revocation
- IID required after reinstatement
- Felony record
- Probation for up to 10 years
Penalty Comparison by DUI Level
| DUI Level | BAC | Minimum Jail (1st) | Approx. Fines (1st) | License Penalty | IID Duration |
|---|---|---|---|---|---|
| Standard | 0.08% -- 0.149% | 10 days (1 day with treatment) | $1,500+ | 90-day suspension | 12 months |
| Extreme | 0.15% -- 0.199% | 30 days | $2,500+ | 90-day suspension | 18 months |
| Super Extreme | 0.20%+ | 45 days | $3,250+ | 90-day suspension | 24 months |
| Aggravated | Any (felony trigger) | 4 months (prison) | $4,000+ | 3-year revocation | Varies |
Arizona's Implied Consent Law
Under ARS 28-1321, Arizona's implied consent law means that by driving on Arizona roads, you have already consented to submit to a blood, breath, or urine test if an officer has reasonable grounds to believe you are driving under the influence.
If you refuse chemical testing:
- First refusal: Automatic 12-month license suspension — regardless of whether you are convicted of DUI
- Second refusal within 84 months: Automatic 2-year license suspension
- The officer can obtain a search warrant for a blood draw, so refusing may not prevent testing
- Your refusal can be used as evidence against you in court
The license suspension triggered by refusing a chemical test is an administrative penalty imposed by the MVD — it is separate from and in addition to any penalties from a DUI conviction. This means you could face a 12-month suspension for refusal plus additional suspension time if convicted of DUI.
Impact on CDL Holders
A DUI has devastating consequences for commercial driver's license (CDL) holders. Under federal FMCSA regulations and Arizona law, CDL holders face a lower BAC threshold and far harsher license penalties.
- BAC threshold: 0.04% when operating a commercial vehicle (half the standard limit)
- First DUI conviction: 1-year CDL disqualification (3 years if transporting hazardous materials)
- Second DUI conviction: Lifetime CDL disqualification
- These penalties apply whether the DUI occurred in a personal vehicle or a commercial vehicle
- A DUI charge in your personal car triggers both your regular license penalties and CDL disqualification
For CDL holders, a single DUI conviction can end a career. If you hold a CDL and are facing a DUI charge, securing an experienced criminal defense attorney immediately is critical. Learn more about how Traffic Ticket Buddy helps commercial drivers protect their CDL license for standard traffic violations.
Additional Consequences of an Arizona DUI
Beyond the court-imposed penalties, a DUI conviction triggers a cascade of financial and personal consequences:
- SR-22 insurance: Arizona requires you to carry SR-22 high-risk insurance for 3 years after a DUI conviction. This typically increases premiums by 50% to 200% or more, adding thousands of dollars to your annual insurance costs.
- Ignition interlock device (IID): You are responsible for installation (approximately $100) and monthly monitoring fees ($60 to $100/month). Over a 12-month requirement, this adds $820 to $1,300 or more.
- Employment impact: A DUI conviction — particularly a felony Aggravated DUI — can affect current and future employment opportunities, security clearances, and professional licenses.
- Criminal record: A misdemeanor DUI stays on your criminal record. A felony Aggravated DUI is a permanent felony conviction that affects voting rights, firearm ownership, and more.
- Driving record: A DUI adds 8 points to your Arizona driving record, which instantly triggers a Traffic Survival School requirement.
- Total cost: When you add up fines, fees, insurance increases, IID costs, attorney fees, and lost wages from jail time, a first-offense DUI in Arizona commonly costs $10,000 to $20,000 or more over the first few years.
What to Do If You Are Charged with a DUI in Arizona
A DUI charge is serious, and the steps you take immediately after being charged can significantly affect the outcome of your case.
- Request a hearing with the MVD within 15 days. After a DUI arrest, you have only 15 days to request an administrative hearing to challenge the license suspension. If you miss this deadline, your suspension takes effect automatically.
- Document everything. Write down every detail you remember about the traffic stop, the officer's behavior, field sobriety tests, and how the chemical test was administered. These details can be critical for your defense.
- Do not discuss your case publicly. Avoid posting about your arrest on social media or discussing details with anyone other than your attorney.
- Consult with a criminal defense attorney as soon as possible. DUI cases involve complex scientific evidence (BAC testing), procedural requirements, and sentencing guidelines. An experienced DUI attorney can evaluate the strength of the evidence, challenge improper procedures, and negotiate for reduced charges or alternative sentencing.
Traffic Ticket Buddy's subscription plans (starting at $14.99/mo) cover civil traffic violations like speeding tickets, red light camera tickets, and other non-criminal infractions. A DUI is a criminal charge and is not handled through our standard plans. However, if you are a Traffic Ticket Buddy subscriber and submit a DUI case, we will connect you with an experienced criminal defense attorney through our referral network who can take on your case directly.
Facing a DUI charge in Arizona?
A DUI requires a criminal defense attorney — not a traffic ticket service. If you are a Traffic Ticket Buddy subscriber, submit your case and we will connect you with a specialized DUI defense attorney in Arizona.
Learn How It WorksFrequently Asked Questions
What is the BAC limit for a DUI in Arizona?
Arizona's standard BAC limit is 0.08% for drivers 21 and older. CDL holders face a lower limit of 0.04% when operating a commercial vehicle. Drivers under 21 are subject to a zero-tolerance policy, meaning any detectable BAC can result in a DUI charge. Importantly, you can also be charged with DUI at any BAC if the officer determines you are "impaired to the slightest degree" by alcohol or drugs.
What is the difference between Extreme DUI and Super Extreme DUI in Arizona?
An Extreme DUI applies when your BAC is 0.15% or higher but below 0.20%, carrying a minimum of 30 days in jail for a first offense. A Super Extreme DUI applies when your BAC is 0.20% or higher, carrying a minimum of 45 days in jail for a first offense. Both are misdemeanors, but their penalties — including fines, IID duration, and jail time — are significantly harsher than a standard DUI.
Can I refuse a breathalyzer test in Arizona?
Under Arizona's implied consent law (ARS 28-1321), you have already agreed to chemical testing by driving on Arizona roads. You can physically refuse, but doing so triggers an automatic 12-month license suspension for a first refusal — regardless of whether you are ultimately convicted of DUI. Law enforcement may also obtain a warrant to compel a blood draw, and your refusal can be used as evidence against you in court.
Is a first-time DUI a felony in Arizona?
A first-time standard, Extreme, or Super Extreme DUI is typically charged as a misdemeanor. However, a DUI becomes an Aggravated DUI — a class 4 felony — if you are driving on a suspended or revoked license, have two or more prior DUI convictions within 84 months, are required to have an ignition interlock device and do not have one, have a passenger under 15 years old in the vehicle, or are driving the wrong way on a highway. An Aggravated DUI carries a minimum of 4 months in state prison.