Aggravated DUI (Felony)
- Jail (1st)
- 120 days min (up to 1095)
- Fine
- $5,000 – $15,000
- IID
- 24 months minimum
- License
- revocation 3y
Charge Tiers
Arizona categorizes DUI offenses by BAC, prior history, and aggravating factors. Each tier carries materially different consequences.
Extreme DUI
- Jail (1st)
- 30 days min (up to 180) — suspendable to 9
- Fine
- $2,500 – $4,000
- IID
- 12 months minimum
- License
- suspension 12mo
See full matrix below for 1 additional prior-count band.
Regular DUI
- Jail (1st)
- 10 days min (up to 180) — suspendable to 1
- Fine
- $1,500 – $2,500
- IID
- 12 months minimum
- License
- suspension 90d admin then restricted
See full matrix below for 1 additional prior-count band.
Super Extreme DUI
- Jail (1st)
- 45 days min (up to 180) — suspendable to 14
- Fine
- $3,000 – $5,000
- IID
- 18 months minimum
- License
- suspension 12mo
See full matrix below for 1 additional prior-count band.
Complete Penalty Matrix
| Offense | Prior | Lookback | Jail | Fine | IID | License |
|---|---|---|---|---|---|---|
| Aggravated DUI (Felony) | 1st Offense | 7 yrs | 120 days min (up to 1095) | $5,000–$15,000 | 24 mo | revocation 3y |
| Extreme DUI | 1st Offense | 7 yrs | 30 days min (up to 180) — suspendable to 9 | $2,500–$4,000 | 12 mo | suspension 12mo |
| Extreme DUI | 2nd Offense | 7 yrs | 120 days min (up to 365) — suspendable to 60 | $5,000–$8,000 | 24 mo | revocation 1y |
| Regular DUI | 1st Offense | 7 yrs | 10 days min (up to 180) — suspendable to 1 | $1,500–$2,500 | 12 mo | suspension 90d admin then restricted |
| Regular DUI | 2nd Offense | 7 yrs | 90 days min (up to 365) — suspendable to 30 | $3,000–$5,000 | 12 mo | revocation 1y |
| Super Extreme DUI | 1st Offense | 7 yrs | 45 days min (up to 180) — suspendable to 14 | $3,000–$5,000 | 18 mo | suspension 12mo |
| Super Extreme DUI | 2nd Offense | 7 yrs | 180 days min (up to 365) — suspendable to 90 | $6,000–$10,000 | 24 mo | revocation 1y |
The Statutes
+A.R.S. § 28-1321 — Implied Consent — Refusal Consequences
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.
Primary source — Arizona Legislature+A.R.S. § 28-1381 — Regular DUI — Driving or Actual Physical Control While Under the Influence
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.
Primary source — Arizona Legislature+A.R.S. § 28-1382 — Extreme and Super Extreme DUI
(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).
Primary source — Arizona Legislature+A.R.S. § 28-1383 — Aggravated DUI (Felony)
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.
Primary source — Arizona Legislature+A.R.S. § 28-1385 — Administrative License Suspension — Implied Consent — Hearing
(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).
Primary source — Arizona LegislatureCommon Defenses
Stop & Detention Challenges
- •Officer lacked reasonable suspicion for the traffic stop
- •Stop was prolonged beyond its lawful purpose
- •Fourth Amendment violation in the encounter
Field Sobriety Test Challenges
- •Officer not certified to NHTSA standards
- •Test administered on uneven surface or in poor conditions
- •Pre-existing medical conditions affecting performance
Breath Test Challenges
- •Device not calibrated to manufacturer specifications
- •Operator deviated from approved testing protocol
- •Mouth alcohol, GERD, or rising BAC
Blood Test Challenges
- •Chain-of-custody breaks
- •Phlebotomist not qualified per state regulations
- •Improper preservatives or storage conditions
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