First Offense DUI in Arizona: Jail, Fines, and License Loss

A first-offense DUI conviction in Arizona brings mandatory jail time, fines and assessments that run past $1,000, a license suspension handled separately by the Motor Vehicle Division, and a required ignition interlock device. These penalties are set by A.R.S. § 28-1381 and apply to a driver with no prior record, and the criminal case and the license case move on separate tracks. This is one of the criminal-traffic topics covered in the Arizona traffic ticket guide. For how the offense tiers and blood alcohol thresholds work in detail, see Arizona’s DUI laws.

What counts as a first-offense DUI in Arizona

Arizona treats a first offense as a first DUI within an 84-month window. A conviction under A.R.S. § 28-1381 is a class 1 misdemeanor, the most serious misdemeanor class in the state.

A driver can be charged under two theories. The first is being impaired to the slightest degree by alcohol or drugs, which does not depend on a specific number. The second is having a blood or breath alcohol concentration of 0.08 or more within two hours of driving. Both appear in A.R.S. § 28-1381(A), so a first offense can be charged even when a breath test reads below 0.08 if other evidence shows impairment.

A “standard” first-offense DUI covers a BAC from 0.08 up to 0.149. At 0.15 and above, the charge becomes extreme DUI under A.R.S. § 28-1382, which raises the mandatory jail term to at least 30 days at 0.15 to 0.199 and at least 45 days at 0.20 or higher. The tiers and their thresholds are laid out in Arizona’s DUI laws.

At sentencing, the prosecutor alleges any prior DUI convictions from the previous 36 months, and the 84-month period in A.R.S. § 28-1381(K) determines whether a later charge is treated as a second offense. A DUI stays relevant to sentencing for seven years.

Jail time for a first offense

Jail is mandatory. A.R.S. § 28-1381(I) sets a minimum of 10 consecutive days in jail for a standard first offense and bars probation or a suspended sentence unless the full term is served.

The statute also provides a common reduction. Under A.R.S. § 28-1381(J), the judge may suspend all but one day of the 10-day sentence once the driver completes a court-ordered alcohol or drug screening, education, or treatment program. In practice, that leaves a first-time driver who completes the required program serving 24 hours, with the balance suspended.

Fines, assessments, and total cost

The financial penalty is built from several required pieces. A.R.S. § 28-1381(I) sets a base fine of at least $250, an additional $500 assessment deposited in the state prison construction and operations fund, and a second $500 assessment for the public safety equipment fund.

Those figures are the statutory minimums before surcharges. Arizona adds state surcharges on top of the base fine, and courts also add jail, screening, and interlock costs that the driver pays directly. As a result, the mandatory financial total for a standard first offense generally exceeds $1,600 once surcharges are counted, and the driver separately pays for the ignition interlock device and required programs described below. The base fine and the two $500 assessments are fixed by A.R.S. § 28-1381(I)(2), (4), and (5).

License suspension and the MVD process

The license consequences come from the Motor Vehicle Division, not the criminal court, and they can begin before any conviction. Under A.R.S. § 28-1385, a driver who tests at 0.08 or more faces a 90-day administrative suspension, a consequence also stated in Arizona’s implied consent law at A.R.S. § 28-1321(B). A driver who completes alcohol screening may apply for a special ignition interlock restricted driver license under A.R.S. § 28-1321(P).

A first-time driver who did not cause injury and completes alcohol screening can qualify for a shorter path under A.R.S. § 28-1385(I): a 30-day full suspension followed by 60 days of restricted driving. The suspension order takes effect 30 days after it is served, and the arresting agency issues a 30-day temporary permit if a valid license is surrendered.

1. The officer files a certified report

   Within 30 days of the arrest, the officer forwards a certified report to the MVD and, in most cases, serves an order of suspension on the driver. This is required by A.R.S. § 28-1385(A).

2. A temporary permit covers the first 30 days

   If the driver surrenders a valid license, the officer issues a temporary driving permit valid for 30 days. The suspension itself becomes effective 30 days after the order is served under A.R.S. § 28-1385(D).

3. The driver may request a hearing or summary review

   A written or online request for a hearing or summary review must reach the MVD within 30 days of the notice, or the suspension becomes final. A timely request stays the suspension until a decision issues.

4. Reinstatement requires proof of screening and insurance

   The MVD will not end the suspension until the driver completes alcohol or drug screening and files proof of financial responsibility, as required by A.R.S. § 28-3319.

Ignition interlock, screening, and traffic survival school

A first DUI conviction that involved alcohol requires a certified ignition interlock device on any vehicle the driver operates. A.R.S. § 28-3319(D) sets the standard period at 12 months, and A.R.S. § 28-3319(F) provides that the 12-month clock begins once the driver completes the required screening and is otherwise eligible to reinstate the license.

That 12-month period can be shortened. Under A.R.S. § 28-3319(H), the MVD defers the remaining time after six months if the driver completes a 16-hour alcohol education program, keeps a functioning device with no failed tests, and was not in an injury or property-damage crash. A validated violation reported by the device provider extends the requirement by six months under the same section.

Two more requirements attach to every first conviction. A.R.S. § 28-1381(I)(7) requires completion of an approved traffic survival school course, and the same subsection requires the alcohol or drug screening, education, or treatment that unlocks the suspended jail time and license reinstatement.

Where the case is heard and what comes next

A standard first-offense DUI is a misdemeanor, so it is heard in a limited jurisdiction court. As the Arizona Judicial Branch describes, municipal (city) court judges hear misdemeanor criminal traffic cases such as driving under the influence, and justice courts share that authority for offenses within their precincts. The court that hears the case depends on where the stop occurred.

At the arraignment, the court must inform the defendant of the right to a jury trial, which is granted on request under A.R.S. § 28-1381(F). A DUI conviction also adds points to the driver’s record, which are assessed the same way as points for other moving violations, including those explained in how much a speeding ticket costs in Arizona.

After the sentence is complete, a person may ask the court to set aside the conviction. The Maricopa County Superior Court set-aside guide explains the process, which is available for many misdemeanor convictions under Arizona law and removes some of the disabilities that follow a conviction.