Know What You’re Facing
Arizona DUI Charges & Penalties
Arizona classifies DUI offenses into tiers based on BAC level, impairment, and circumstances. Each tier carries different mandatory penalties — this guide walks through all of them.
The DUI Charge Tiers
Arizona classifies DUI offenses into distinct categories based on BAC level, impairment, and circumstances. Each tier carries increasing penalties.
- 1.Standard DUI (0.08%+ or impaired to the slightest degree)
- 2.Drug DUI
- 3.Extreme DUI (BAC 0.15–0.199%)
- 4.Super Extreme DUI (BAC 0.20%+)
Aggravated DUI (Felony)
When a DUI involves felony triggers under A.R.S. § 28-1383 — a suspended license, a third DUI within 84 months, a child under 15 in the vehicle, or an existing interlock order — the charge escalates to a felony.
Minimum 4 months prison for the Class 4 felony variants.
Standard DUI
A.R.S. § 28-1381 — “Impaired to the Slightest Degree”
Definition
Operating a vehicle while impaired to the slightest degree by alcohol, drugs, or both — or with a BAC of 0.08% or higher within two hours of driving. Impairment can be charged regardless of BAC if it is demonstrated.
Classification: Class 1 Misdemeanor
First Offense Penalties
- •Jail: Minimum 10 consecutive days (suspendable to 1 day with treatment)
- •Fine: $250+ (total with surcharges typically $1,250–$2,500+)
- •IID: 12 months (ignition interlock device)
- •License Suspension: 90 days to 1 year
Second Offense (within 84 months)
Penalties increase significantly for a second DUI conviction within 84 months (7 years):
- •Minimum 90 days jail (30 consecutive days)
- •Fine of $500+
- •30 hours community service
- •Extended IID period and 1-year license revocation
Drug DUI
A.R.S. § 28-1381(A)(3) — Per Se Violations & Defenses
Per Se Violation
Any prohibited drug or its metabolite detected in your body may constitute a violation. Zero tolerance applies to illegal drugs.
Prescription Defense: A.R.S. § 28-1381(D) provides a defense when medication prescribed to you is taken as directed.
Marijuana DUI (Post-Prop 207)
Marijuana DUIs now require proof of actual impairment — not just detection of THC or its metabolites. This is a significant change in Arizona law. See how the defense attacks impairment evidence on the defense strategies page.
Drug DUI Penalties
Penalties for drug DUI match standard DUI classifications:
- •First offense: Same as standard DUI (min 10 days jail, $250+ base fine, 12-month IID, 90-day to 1-year license suspension)
- •Second offense: Enhanced penalties (min 90 days jail, $500+ base fine, 30 hrs community service)
Extreme DUI
A.R.S. § 28-1382(A)(1) — BAC 0.15–0.199%
What Triggers Extreme DUI
A BAC between 0.15% and 0.199% within two hours of driving — nearly double the 0.08% standard DUI threshold.
Penalties
- •30 consecutive days jail (suspendable to 9 with IID)
- •IID: 12+ months
- •Enhanced fines and license suspension
Super Extreme DUI
A.R.S. § 28-1382(A)(2) — BAC 0.20%+
What Triggers Super Extreme DUI
A BAC of 0.20% or higher within two hours of driving — 2.5 times the legal limit. It is the most severe misdemeanor DUI tier in Arizona.
Penalties
- •45 consecutive days jail (suspendable to 14 with IID)
- •IID: 18+ months
- •Maximum fines and extended license suspension
Aggravated DUI (Felony)
A.R.S. § 28-1383 — Felony Triggers
When DUI Becomes a Felony
A standard, extreme, or super extreme DUI escalates to a felony charge when any of these conditions exist:
- 1.Suspended, canceled, or revoked license at the time of the offense
- 2.Third DUI within 84 months (7 years)
- 3.Child passenger under 15 years old in the vehicle
- 4.Ignition interlock order in effect from a prior DUI
- 5.Wrong-way driving on a highway while DUI
Felony Penalties
- •Classification: Class 4 or Class 6 felony
- •Prison time: Minimum 4 months for Class 4 variants (no suspendable jail option)
- •Fines: $4,000–$6,000+
- •Felony record and loss of certain civil rights
- •Severe employment and professional-licensing consequences
What Should You Do?
If you have been arrested or charged with DUI, the clock is already running. What you do in the first days shapes the entire case.
Immediate Steps
- •Don’t discuss your case with police without counsel
- •Request your MVD hearing within 30 days (A.R.S. § 28-1385) to contest the license suspension
- •Write down everything you remember about the stop and arrest
- •Preserve evidence (dash cam, receipts, witnesses)
- •Act quickly — deadlines for legal motions are strict
Research Your Defense
Whether you hire an attorney or represent yourself, knowing the law puts you in a stronger position. Start with these guides:
Legal Disclaimer
This website provides general information about Arizona DUI law for educational purposes only. The information presented is not legal advice and does not create an attorney-client relationship. DUI laws are complex and change frequently. Your specific case involves unique facts and circumstances that require individual legal analysis.
Sentencing, penalties, and legal defenses vary widely based on the facts of your arrest, the quality of evidence, prior criminal history, and local court procedures. Consult a qualified Arizona DUI attorney about your specific situation and available legal options.
This website is not a substitute for legal counsel.