By Brian D. Sloan, DUI Defense Attorney, Law Offices of Brian D. Sloan (Phoenix, Arizona) | Last reviewed: September 2026
Arizona DUI law is built in tiers. The penalty depends on your alcohol concentration, whether you have a prior DUI within seven years, and whether any aggravating circumstance applies. The table below shows the statutory minimums for a first conviction at each tier; the sections that follow explain second offenses, license consequences, and how the charges are defended.
| Tier (first offense) | Trigger | Minimum jail | Minimum fines & assessments* | Interlock (MVD) |
| Regular DUI | Impaired to the slightest degree, BAC .08+, or certain drugs | 10 days; all but 1 may be suspended after screening/treatment | $1,250 | 12 months |
| Extreme DUI | BAC .15 to .199 | 30 days; all but 9 may be suspended with 12-month interlock | $2,500 | 12 months |
| Super extreme DUI | BAC .20 or higher | 45 days; all but 14 may be suspended with 12-month interlock | $2,750 | 18 months |
| Aggravated DUI (felony) | Suspended license, 3rd in 7 years, child under 15, interlock violation, or wrong-way | Usually 4 months in prison | $4,000 | 24 months |
*Statutory minimum fine plus required assessments, before state surcharges, jail costs, screening, interlock, and other fees.
What Counts as DUI in Arizona
Under A.R.S. § 28-1381, it is illegal to drive or be in “actual physical control” of a vehicle while impaired to the slightest degree by alcohol, drugs, or a combination; with an alcohol concentration of .08 or more within two hours of driving; or with certain drugs or their metabolites in the body. The “actual physical control” language means a person sitting in a parked car with the engine running can be charged even without driving.
The “slightest degree” standard is why Arizona is known as strict. A driver below .08 can still be charged if the officer and other evidence point to impairment. The statute also sets presumptions: at .05 or less, a driver is presumed not under the influence; between .05 and .08 there is no presumption either way; at .08 or more, the driver may be presumed under the influence. Commercial drivers operating a commercial vehicle face a .04 limit.
Regular DUI Penalties
First offense
A first regular DUI is a class 1 misdemeanor carrying at least 10 consecutive days in jail, although the judge may suspend all but one day if the person completes alcohol or drug screening, education, or treatment. Minimum fines and assessments total $1,250 before surcharges. The person must complete traffic survival school, may be ordered to perform community restitution, and must use a certified ignition interlock for 12 months. Under § 28-3319(H), a first-time regular DUI offender who meets every compliance condition can have the interlock period deferred after six months, an option not available for extreme or super extreme convictions.
Second offense within 84 months
At least 90 days in jail, 30 of them consecutive (the judge may suspend all but 30 days after treatment), at least $3,000 in fines and assessments, at least 30 hours of community restitution, a one-year license revocation, and 12 months of interlock.
Extreme DUI Penalties (.15 to .199 BAC)
Extreme DUI under A.R.S. § 28-1382 is also a class 1 misdemeanor, but the jail minimums are far higher. A first offense carries 30 consecutive days, which the judge may reduce to 9 if the person installs an ignition interlock for 12 months, plus at least $2,500 in fines and assessments. A second extreme DUI within 84 months carries at least 120 days in jail, 60 served consecutively, at least $3,250 in fines and assessments, 30 hours of community restitution, and a one-year revocation.
Super Extreme DUI (.20 BAC or Higher)
At .20 or above, a first offense carries 45 consecutive days in jail (reducible to 14 with a 12-month interlock), at least $2,750 in fines and assessments, and 18 months of interlock. A second offense within 84 months carries 180 days, 90 consecutive, and 24 months of interlock. For the full breakdown, including how jail time is often reduced further through home detention, see this guide to super extreme DUI penalties at .20 BAC.
Aggravated DUI: When a DUI Becomes a Felony
Under A.R.S. § 28-1383, a DUI becomes aggravated, a felony, when it happens:
- While the driver’s license is suspended, canceled, revoked, refused, or restricted because of a prior DUI
- As a third DUI within 84 months
- With a passenger under 15 in the vehicle
- While the driver is required to have an ignition interlock
- While driving the wrong way on a highway
Most of these are class 4 felonies. A person convicted of the suspended-license, third-offense, or wrong-way versions must serve at least four months in prison before being eligible for probation, and a person with three or more priors within 84 months faces at least eight months. The child-passenger version is a class 6 felony that requires at least the jail minimum of the underlying DUI. On conviction, MVD revokes the license and cannot issue a new one for at least a year; minimum fines and assessments total $4,000, and a 24-month interlock follows.
Your License: Two Separate Tracks
License consequences start at the arrest, not the conviction. If a test shows .08 or more, the officer serves a 90-day administrative per se suspension under A.R.S. § 28-1385, effective 15 days after service unless a timely hearing request is made. Refusing a test triggers a separate implied consent suspension of 12 months for a first refusal under A.R.S. § 28-1321. Court convictions then add revocations and interlock requirements on top. To reinstate, drivers need proof of SR-22 insurance, and some may qualify for a special ignition interlock restricted license under A.R.S. § 28-1401.
Testing, Consent, and the Valenzuela Decision
Arizona’s implied consent law says drivers consent to testing by driving, but the Arizona Supreme Court has held that the State still has to show that a driver’s agreement to a blood or breath test was voluntary. In State v. Valenzuela (2016), an officer read a driver the standard admin per se form, which said, “Arizona law requires you to submit” to testing. The court held that consent given only in response to that statement was not freely and voluntarily given. Because officers had relied in good faith on the form, the test results in that case were not suppressed, but the decision changed how Arizona officers ask for consent.
The broader lesson is that how a test was requested, administered, and preserved matters as much as the number itself. Testing procedures, the two-hour window, and the lawfulness of the stop are all common issues in DUI defense; this overview of your rights when you’re arrested covers the basics. Drivers facing charges in Arizona often start by talking with a DUI defense lawyer familiar with the local courts.
Frequently Asked Questions
How much jail time do you get for a first DUI in Arizona?
At least 10 days, but a judge may suspend all but one day if you complete alcohol or drug screening, education, or treatment.
Is a DUI a felony in Arizona?
Regular, extreme, and super extreme DUIs are misdemeanors. A DUI becomes a felony (aggravated DUI) only under the circumstances listed in A.R.S. § 28-1383.
How long does a DUI count as a prior in Arizona?
84 months (seven years), measured by the dates the offenses were committed.
Can you get a DUI in Arizona under .08?
Yes. Arizona’s “impaired to the slightest degree” standard allows a DUI charge at any alcohol concentration if other evidence shows impairment.
About the Author
The FindAttorneys.org Editorial Team researches and writes state-specific guides on criminal, traffic, and injury law for people trying to make sense of a charge or claim before hiring counsel. This guide was built from the Arizona Revised Statutes and appellate decisions, and each penalty figure links to the statute it comes from. The team is not a law firm and does not give legal advice; anyone charged with a DUI in Arizona should speak with a licensed Arizona defense attorney.
Authorities & Sources
- A.R.S. § 28-1381: Driving under the influence; presumptions; sentencing
- A.R.S. § 28-1382: Extreme and super extreme DUI
- A.R.S. § 28-1383: Aggravated DUI; classification
- A.R.S. § 28-1385: Administrative per se license suspension
- A.R.S. § 28-1321: Implied consent; refusal suspension
- A.R.S. § 28-3319: Ignition interlock requirements
- A.R.S. § 28-1401: Special ignition interlock restricted driver license
- State v. Valenzuela, 239 Ariz. 299 (2016)
Disclaimer
This article provides general information about Arizona DUI law and is not legal advice. Reading it does not create an attorney-client relationship. Penalties, fees, and procedures can change, and outcomes depend on the facts of each case and the court. If you have been charged with a DUI, consult a licensed Arizona attorney.
