Arizona has some of the strictest impaired-driving rules in the country, and the penalties climb sharply as blood alcohol concentration rises. This article explains how the state defines a DUI, the four tiers it uses to grade the offense, and the jail time, fines, license consequences, and ignition interlock requirements that attach to each. It is one of the traffic-enforcement topics covered in Arizona’s guide to traffic tickets, civil and criminal. Most DUI charges are prosecuted as criminal cases in a justice court or municipal court.
What counts as a DUI in Arizona
A driver does not have to reach 0.08 to be charged. Under A.R.S. § 28-1381, it is unlawful to drive or be in actual physical control of a vehicle while impaired to the slightest degree by alcohol, drugs, or a combination, regardless of the number on a breath test. The same statute makes it a separate offense to drive with a BAC of 0.08 or more within two hours of driving.
Lower thresholds apply to some drivers. A person operating a commercial vehicle commits a DUI at 0.04 BAC, and so does a rideshare or for-hire driver who is working, under A.R.S. § 28-1381(A). Drivers under 21 face a zero-tolerance rule: A.R.S. § 4-244(34) makes it unlawful for anyone under 21 to drive with any spirituous liquor in the body. Driving with any illegal drug or its metabolite in the body is also a DUI, whether or not the driver was actually impaired.
A standard DUI is a class 1 misdemeanor, the most serious misdemeanor class in Arizona. The offense becomes a felony only in the specific aggravating situations described below.
The four Arizona DUI tiers
Arizona grades an alcohol-related DUI by blood alcohol concentration and by a handful of aggravating facts. The result is four tiers, and the tier controls the minimum sentence a court must impose.
- Standard DUI covers a BAC from 0.08 up to 0.149, or impairment to the slightest degree, under
A.R.S. § 28-1381. - Extreme DUI applies to a BAC of 0.15 or more but less than 0.20, under
A.R.S. § 28-1382(A)(1). - Super extreme DUI applies to a BAC of 0.20 or more, under
A.R.S. § 28-1382(A)(2). - Aggravated DUI is a felony that turns on the driver’s record or circumstances, not the BAC, under
A.R.S. § 28-1383.
The first three tiers are misdemeanors. Each higher tier carries a longer mandatory minimum jail term. The fourth tier, aggravated DUI, is the only one that sends the case to superior court as a felony.
Penalties for a first standard DUI
A first standard DUI conviction carries a mandatory minimum of 10 consecutive days in jail, and the driver is not eligible for probation or a suspended sentence unless the full term is served, under A.R.S. § 28-1381(I). The same section sets a fine of not less than $250 and adds two separate $500 assessments, one for the prison construction and operations fund and one for the public safety equipment fund. With surcharges, the total financial penalty typically runs well beyond the base fine.
The statute lets a court suspend all but one day of the 10-day sentence if the driver completes court-ordered alcohol or drug screening, education, or treatment. Because the violation involved alcohol, the Motor Vehicle Division requires the driver to equip every vehicle they operate with a certified ignition interlock device, and the driver must also complete an approved traffic survival school course.
Extreme and super extreme DUI penalties
Extreme and super extreme DUI remain class 1 misdemeanors, but the mandatory jail terms are far longer than a standard DUI. Under A.R.S. § 28-1382(D), a first extreme DUI at 0.15 BAC carries a minimum of 30 consecutive days in jail and a fine of not less than $250, plus assessments. A first super extreme DUI at 0.20 BAC carries a minimum of 45 consecutive days in jail and a fine of not less than $500.
The statute offers a limited jail credit tied to the interlock device. A court may suspend all but nine days of an extreme DUI sentence, or all but 14 days of a super extreme sentence, if the driver installs a certified ignition interlock device for 12 months, under A.R.S. § 28-1382(I). A second extreme or super extreme DUI within 84 months increases the minimum jail term to 120 or 180 days and revokes the license for at least one year.
When a DUI becomes a felony: aggravated DUI
Aggravated DUI is the felony tier, and it turns on circumstances rather than a higher BAC. Under A.R.S. § 28-1383(A), a DUI becomes aggravated when the driver commits it while their license is suspended, revoked, canceled, or restricted; commits a third or subsequent DUI within 84 months; drives under the influence with a passenger under 15 years old; drives while under a court or MVD order to use an ignition interlock device; or drives the wrong way on a highway while impaired.
Most forms of aggravated DUI are class 4 felonies, while a DUI with a passenger under 15 is a class 6 felony, under A.R.S. § 28-1383(O). A conviction based on a suspended license, wrong-way driving, or a third offense with two priors carries a minimum of four months in prison, and a fourth or later offense carries a minimum of eight months. The court also revokes the driver’s license, and the MVD will not issue a new license for one year.
License suspension and implied consent
An Arizona DUI triggers two separate license actions: an administrative suspension handled by the MVD and a court-ordered revocation on conviction. The administrative process starts with the state’s implied consent law. Under A.R.S. § 28-1321, anyone who drives in Arizona is deemed to consent to a blood, breath, or urine test when an officer has reasonable grounds to suspect impaired driving. Refusing the test triggers a 12-month license suspension, or 24 months for a second refusal within 84 months.
If the driver takes the test and reads 0.08 or higher, the officer serves an administrative order of suspension under A.R.S. § 28-1385. That suspension runs at least 90 consecutive days, though a first-time driver who completes alcohol screening may serve 30 days of full suspension followed by 60 days of restricted driving. This administrative suspension is independent of the criminal case and applies even if the DUI charge is later reduced or dismissed.
Chemical test after arrest
An officer with reasonable grounds to believe a driver is impaired requests a blood, breath, or urine test under Arizona’s implied consent law. Driving in the state is treated as advance consent to that test.
Officer serves an order of suspension
If the test reads 0.08 or more, or the driver refuses, the officer serves an administrative order of suspension on behalf of the MVD and issues a temporary permit valid for 30 days, under
A.R.S. § 28-1385.Request an MVD hearing within 30 days
The order becomes final unless the driver submits a written or online hearing request that the department receives within 30 days of the notice.
Suspension takes effect
The suspension runs for at least 90 days for a test at or above the limit, or 12 months for a refusal, and the license may be reinstated only after alcohol or drug screening is complete.
Younger drivers face longer license actions. Maricopa County’s schedule of juvenile driver license suspension periods lists a two-year suspension for an under-21 driver convicted of a standard or extreme DUI and a three-year suspension for aggravated DUI.
Frequently asked questions
Can you get a DUI in Arizona below 0.08?
Yes. A.R.S. § 28-1381(A)(1) makes it unlawful to drive while impaired to the slightest degree, so a driver can be charged below 0.08 if an officer and the evidence show impairment. Commercial drivers are charged at 0.04, and drivers under 21 at any measurable amount.
What is the BAC limit for drivers under 21 in Arizona?
There is no threshold. Under A.R.S. § 4-244(34), it is unlawful for a driver under 21 to operate a vehicle with any spirituous liquor in the body. This is often called the “not a drop” rule.
How far back does Arizona look at prior DUIs?
The state uses an 84-month window, measured from the date of each offense. A prior DUI within that period increases the mandatory minimum sentence and, after enough priors, can make a new DUI an aggravated felony under A.R.S. § 28-1383(A)(2).
Is an ignition interlock required for a first DUI?
Yes, when the offense involved alcohol. A.R.S. § 28-1381(I) directs the MVD to require a certified ignition interlock device on any vehicle the convicted driver operates, in addition to jail, fines, and traffic survival school.
What happens if you refuse a breath or blood test?
Refusal triggers an automatic 12-month license suspension under A.R.S. § 28-1321, rising to 24 months for a second refusal within 84 months. The refusal suspension is separate from any penalty imposed if the DUI charge results in a conviction.