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Arizona DUI Laws & Penalties

Arizona classifies DUI offenses into tiers based on blood alcohol concentration, prior offenses, and aggravating factors. This page is a verified, attorney-reviewed reference compiled from primary state sources.

Last verified June 11, 2026

Administrative License Hearing — You Have 30 Days

After a DUI arrest in Arizona, you have 30 days from the date of service of the suspension order to request an administrative hearing with the Arizona Motor Vehicle Division (MVD).

CANONICAL FACT: hearing must be requested within 30 days of service of the order, per A.R.S. § 28-1385(G)(2)(c). Many secondary sources still cite the legacy 15-day window. This row is the source of truth used by both the public state page and the AI search endpoint.

Source: A.R.S. § 28-1385 — Admin license suspension; implied consent; hearing

Hearing request form
Form 40-5701 — Hearing Request (Implied Consent / Admin Per Se)
Test refusal consequence
twelve month suspension first two year second
IID minimum (first offense)
12 months
SR-22 insurance
Required for 3 years after reinstatement

Penalty Matrix

Arizona DUI penalty matrix by offense class and prior count
OffensePriorJailFineIID
Aggravated DUI (Felony)1st Offense120 days min (up to 1095)$5,000–$15,00024 mo
Extreme DUI1st Offense30 days min (up to 180) — suspendable to 9$2,500–$4,00012 mo
Extreme DUI2nd Offense120 days min (up to 365) — suspendable to 60$5,000–$8,00024 mo
Regular DUI1st Offense10 days min (up to 180) — suspendable to 1$1,500–$2,50012 mo
Regular DUI2nd Offense90 days min (up to 365) — suspendable to 30$3,000–$5,00012 mo
Super Extreme DUI1st Offense45 days min (up to 180) — suspendable to 14$3,000–$5,00018 mo
Super Extreme DUI2nd Offense180 days min (up to 365) — suspendable to 90$6,000–$10,00024 mo

Key Statutes

A.R.S. § 28-1321 — Implied Consent — Refusal Consequences

Primary source — Arizona Legislature
A person who operates a motor vehicle in Arizona gives consent to a test of the person's blood, breath, urine, or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for DUI. If the person refuses to submit to the test, the test shall not be given except as provided by warrant. The person's driver license or privilege to drive is suspended for not less than twelve months for a first refusal and for two years for a second refusal within 84 months.
implied-consentrefusaltwelve-month-suspensiontwo-year-suspension

A.R.S. § 28-1381 — Regular DUI — Driving or Actual Physical Control While Under the Influence

Primary source — Arizona Legislature
It is unlawful for a person to drive or be in actual physical control of a vehicle in Arizona under any of the following circumstances: (A)(1) While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. (A)(2) If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. (A)(3) While there is any drug defined in section 13-3401 or its metabolite in the person's body. (A)(4) If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.
dui-regularimpaired-to-slightest-degreebac-0.08drug-metabolitecommercial-driver

A.R.S. § 28-1382 — Extreme and Super Extreme DUI

Primary source — Arizona Legislature
(A) It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has: 1. An alcohol concentration of 0.15 or more but less than 0.20 within two hours of driving or being in actual physical control of the vehicle (Extreme DUI). 2. An alcohol concentration of 0.20 or more within two hours of driving or being in actual physical control of the vehicle (Super Extreme DUI).
extreme-duisuper-extreme-duibac-0.15bac-0.20

A.R.S. § 28-1383 — Aggravated DUI (Felony)

Primary source — Arizona Legislature
A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person: 1. Commits a violation of § 28-1381 or § 28-1382 while the person's driver license or privilege to drive is suspended, canceled, revoked or refused; OR 2. Within a period of 84 months commits a third or subsequent violation of § 28-1381, § 28-1382 or this section; OR 3. Commits a violation under § 28-1381 or § 28-1382 while a person under fifteen years of age is in the vehicle; OR 4. Commits a violation of § 28-1381 while the person is required to equip any motor vehicle the person operates with a certified ignition interlock device.
aggravated-duifelonyprior-suspended-licensethird-offensechild-in-vehicleiid-violation

A.R.S. § 28-1385 — Administrative License Suspension — Implied Consent — Hearing

Primary source — Arizona Legislature
(G)(2)(c) A person who receives a notice of suspension under this section may request a hearing within thirty days after the date of the order's service. If no hearing is requested within thirty days, the order of suspension becomes final on the date specified in the notice. The hearing is limited to the issues of (1) whether a law enforcement officer had reasonable grounds to believe the person was DUI, (2) whether the person was arrested, (3) whether a test was administered or refused, and (4) whether the test result was 0.08 or more (or 0.04 for CDL holders).
mvd-hearingimplied-consentthirty-day-windowadmin-suspension

Leading Case Law

State v. Cooperman

State v. Cooperman, 230 Ariz. 245 (2012)

Holding: A defendant may challenge breath test results by showing the testing device was not properly maintained or calibrated per Arizona DPS standards. The State must lay foundation for admissibility of intoxilyzer results.

State v. Velasco

State v. Velasco, 165 Ariz. 480 (1990)

Holding: "Actual physical control" is a question of fact for the trier of fact based on the totality of the circumstances, including whether the vehicle was running, the position of the ignition key, and the defendant's position in the vehicle.

State v. Superior Court (Blake)

State v. Superior Court (Blake), 154 Ariz. 574 (1987)

Holding: HGN (Horizontal Gaze Nystagmus) evidence is admissible only when a proper foundation establishes the test was administered by a qualified officer using accepted procedures, and the testimony is limited to corroborating impairment — not specifying BAC.

Arizona DUI Courts

Court-by-court information for the major superior courts handling DUI cases — addresses, filing hours, parking, and defense procedural notes.

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Facing a DUI in Arizona?

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This page provides general legal information, not legal advice. For advice specific to your case, consult a licensed Arizona DUI attorney. Statutes cited link to the official Arizona state source. Last verified: June 11, 2026.