DUI Laws in Arizona – Everything You Need to Know

Driving under the influence (DUI) in Arizona is a serious criminal offense with some of the strictest DUI laws in the United States. Understanding these laws is critical for both residents and visitors. In this comprehensive guide, we delve deep into the penalties, procedures, classifications, defenses, and long-term consequences related to DUI charges in Arizona.

Understanding DUI in Arizona

Under Arizona Revised Statutes (ARS) § 28-1381, a person can be charged with DUI if they are in actual physical control of a vehicle while under the influence of alcohol, drugs, or any intoxicating substance that impairs their ability to drive safely.

Blood Alcohol Concentration (BAC) Limits

• Standard DUI: BAC of 0.08% or higher

• Commercial drivers: BAC of 0.04% or higher

• Drivers under 21: Zero-tolerance policy — any detectable alcohol

• Extreme DUI: BAC of 0.15% or higher

• Super Extreme DUI: BAC of 0.20% or higher

Types of DUI Offenses in Arizona

Standard DUI (ARS § 28-1381(A)(1))

Occurs when a driver is impaired to the slightest degree by alcohol or drugs. No minimum BAC required — impairment alone is enough.

DUI with BAC of 0.08% or More (ARS § 28-1381(A)(2))

This is per se DUI — proof of a BAC at or above 0.08% is sufficient for conviction, regardless of actual impairment.

Extreme DUI (ARS § 28-1382(A)(1))

Applies when BAC is 0.15% to 0.199%. Penalties increase significantly, even for a first offense.

Super Extreme DUI (ARS § 28-1382(A)(2))

Triggered by a BAC of 0.20% or more, resulting in severe penalties including longer jail sentences and higher fines.

Aggravated DUI (ARS § 28-1383)

Charged as a felony and applies in cases such as:

• DUI while driving on a suspended/revoked license

• Third DUI within 7 years

• DUI with a child under 15 years old in the vehicle

• Refusal to install a court-ordered ignition interlock device

DUI Penalties in Arizona

First-Time DUI Offense (Standard DUI)

• Jail: Minimum 10 days, 9 may be suspended

• Fines and Fees: Approx. $1,500–$2,500

• License Suspension: 90 days

• Ignition Interlock Device: 12 months

• Alcohol Screening & Education: Mandatory

Extreme DUI – First Offense

• Jail: Minimum 30 days, 21 may be suspended

• Fines and Fees: Up to $2,750

• License Suspension: 90 days

• Ignition Interlock Device: 12–18 months

• Substance Abuse Counseling: Required

Super Extreme DUI – First Offense

• Jail: Minimum 45 days, 31 may be suspended

• Fines and Fees: Approx. $3,250

• Ignition Interlock Device: Minimum 18 months

Second DUI Offense (within 7 years)

• Jail: Minimum 90 days, 60 may be suspended

• Fines and Fees: Over $3,000

• License Revocation: 1 year

• Community Service: 30 hours

• Ignition Interlock Device: 1–2 years

Aggravated DUI Penalties

• Felony conviction

• Prison sentence: Minimum 4 months

• License Revocation: 1 year

• Mandatory Ignition Interlock

• High fines and extended probation

Driver’s License Suspension and MVD Consequences

Upon a DUI arrest, the Arizona Motor Vehicle Division (MVD) imposes administrative actions separate from criminal proceedings.

• Implied Consent Law: Refusing a chemical test results in automatic license suspension for 12 months on first refusal, 2 years for subsequent refusals.

• Points on License: DUI adds 8 points, triggering mandatory Traffic Survival School.

A restricted license may be available after a period, depending on eligibility and compliance with DUI education and treatment requirements.

Ignition Interlock Device (IID)

Arizona mandates the installation of an IID for nearly all DUI convictions. The device:

• Requires a breath sample before the car can start

• Performs random tests while driving

• Records data sent to the MVD and monitoring agency

Failure to comply can extend the IID period or result in revoked driving privileges.

DUI and Drug Offenses

Driving under the influence of illegal drugs, prescription medications, or marijuana (even with a medical card) can result in a DUI. Arizona law does not differentiate between alcohol and drug impairment.

Key factors:

• Detection of active metabolites in the system

• Use of a prescription drug without proper authorization

• Driving under the influence of medical marijuana without considering impairment

Underage DUI – Zero Tolerance Policy

Arizona enforces a zero-tolerance approach for drivers under 21. Any measurable amount of alcohol in the bloodstream can lead to:

• License suspension

• Fines and probation

• Community service and education programs

Commercial Driver DUI (CDL Holders)

Commercial drivers face enhanced penalties, even with a BAC as low as 0.04%. A DUI conviction can result in:

• Suspension or disqualification of CDL for 1 year or more

• Termination from employment

• Permanent disqualification for a second DUI

DUI Defenses in Arizona

Effective legal defense strategies can significantly impact the outcome of a DUI case. Some of the most common defenses include:

• Unlawful traffic stop or lack of probable cause

• Inaccurate BAC readings due to machine calibration errors

• Improper field sobriety test administration

• Violation of Miranda rights

• Medical conditions mimicking signs of intoxication

Each case requires a custom legal strategy based on detailed analysis of the facts and procedures.

Expungement and Set Aside of DUI Convictions

Arizona offers a “Set Aside” process for some DUI convictions, allowing the conviction to be noted as “set aside” on your record. While it doesn’t erase the record, it demonstrates rehabilitation and can help with:

• Employment opportunities

• Professional licensing

• Restoration of civil rights

Felony DUI convictions carry long-term consequences, including difficulty securing housing, employment, and reentry into society.

Long-Term Impact of a DUI in Arizona

• Increased car insurance premiums for 3–7 years

• Criminal record, affecting job prospects and background checks

• Professional license suspension or denial

• Travel restrictions, especially to countries like Canada

• Emotional and financial strain from court costs, fines, and legal fees

How to Avoid a DUI in Arizona

• Use designated drivers or ride-share apps

• Monitor your alcohol consumption

• Understand the effects of prescription and over-the-counter medications

• Never drive under the influence of any impairing substance

• Know your rights during traffic stops and comply respectfully

Conclusion

Arizona's DUI laws are among the most rigorous and punitive in the nation. A single misstep can have life-changing consequences. Staying informed, making responsible decisions, and seeking competent legal counsel when necessary can protect your rights and your future.