Arizona DUI Laws
A DUI conviction in Arizona can impact your driving privileges, finances, and educational opportunities, as well as career and personal freedoms. Community service, prison, driver's license suspension, drug and alcohol education, vehicle impoundment and court fees and fines are some of the potential outcomes of a DUI conviction. Having a skilled attorney by your side is the key to lessening or eliminating these effects.
Like many states, the DUI laws in Arizona have become more severe. Arizona is one of only a handful of states to have added "Super Extreme DUI" for persons with a blood alcohol content (BAC) over .20 (Arizona "Extreme DUI" applies to BAC between .150 and .199). Super Extreme DUI carries penalties that are greater than many first-time felonies. A person found guilty of Super Extreme DUI faces a mandatory 45 days in jail, an ignition interlock device for at least 18 months, thousands of dollars in fines and more. It may be possible to reduce these penalties with the help of an Arizona DUI lawyer.
Arizona DUI law is complex and harsh. If you have been arrested for DUI in Arizona, a DUI attorney can thoroughly analyze the evidence for errors and inconsistencies and vigorously defend your case. If you or someone you know has been arrested and charged with DUI in Arizona, call an attorney today.
Arizona DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Arizona BAC laws may differ from those of other states, as follows.
| Arizona BAC Laws | |
| Per Se Violation | BAC of: .08 to .149 |
| Extreme DUI/DWI | .15 or higher |
| "Zero Tolerance" (BAC for someone under 21) | Higher than .00 |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense - Per Se Violation (.08 or higher) | 90 days license suspension |
| "Zero Tolerance" (BAC for someone under 21) | License suspension |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1 year license suspension |
| Subsequent Offenses (within 7 years) | 2 years license suspension |
Criminal Court Conviction Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - Per Se Violation (.08 to .149) | |
| License Suspension | No |
| Prison Term and Community Service | At least 10 days in jail; community service |
| Fines, Fees, and Surcharges | Approx. $1,250 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening and education; possible treatment |
| Second or Subsequent DUI/DWI Offense - Per Se Violation (.08 to .149) | |
| License Suspension | 12 months (may have conditional license) |
| Prison Term and Community Service | At least 90 days in jail; community service |
| Fines, Fees, and Surcharges | Approx. $3,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening and education; possible treatment |
| First DUI/DWI Offense - Extreme DUI/DWI (.15 or higher) | |
| License Suspension | No |
| Prison Term and Community Service | At least 30 days (at least 45 days for BAC of .20 or higher) in jail; community service |
| Fines, Fees, and Surcharges | Approx. $2,500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening and education; possible treatment |
| Second or Subsequent DUI/DWI Offense - Extreme DUI/DWI (.15 or higher) | |
| License Suspension | 12 months (may have conditional license) |
| Prison Term and Community Service | At least 120 days (at least 180 days for BAC of .20 or higher) in jail; community service |
| Fines, Fees, and Surcharges | Approx. $3,250 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening and education; possible treatment |
| Aggravated DUI/DWI (1 or more of the aggravating factors listed below) | |
| License Suspension | 3 years (may have conditional license) |
| Prison Term and Community Service | Up to 2 years in jail; maybe community service |
| Fines, Fees, and Surcharges | May have a fine** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening and education; possible treatment |
| Aggravating Factors *** |
| DUI/DWI Committed while License is Suspended or Revoked |
| Third DUI/DWI Committed within 7 Years of Previous DUI/DWI Conviction |
| Person under 15 in Car at Time of DUI |
| DUI/DWI or Extreme DUI/DWI Committed while subject to Ignition Interlock Device |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists only the aggravating factors that will determine a charge of Aggravated DUI.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Arizona Governor's Office of Highway Safety, Arizona Motor Vehicle Division