What a Conviction Actually Costs
DUI Penalties
Jail, fines, license suspension, ignition interlock — and the collateral consequences nobody mentions at the arraignment. Here is what each Arizona DUI tier carries, what runs on a separate administrative track, and where mitigation can cut the damage.
Arizona Penalty Tiers, Side by Side
Your BAC level and circumstances set the charge — and each tier carries different mandatory minimums. These are first-offense baselines; priors within 84 months escalate everything.
Standard DUI
A.R.S. § 28-1381
Class 1 Misdemeanor
- Jail (1st offense)
- 10 days — 9 may be suspended with screening/education
- Fines & assessments
- Roughly $1,250+ in fines, fees, and assessments
- License
- 90-day suspension (administrative)
- Interlock
- Certified ignition interlock, typically 6–12 months
- Other
- Alcohol screening, education, and treatment as ordered
2nd offense within 84 months: 90 days jail (30 consecutive), roughly $3,000+ in fines and assessments, and a 1-year license revocation.
Extreme DUI
A.R.S. § 28-1382
Class 1 Misdemeanor
- Jail (1st offense)
- 30 days minimum
- Fines & assessments
- Roughly $2,500+ in fines, fees, and assessments
- License
- 90-day suspension (administrative)
- Interlock
- Certified ignition interlock required
- Other
- Screening, education, and treatment as ordered
Repeat extreme offenses within 84 months carry sharply longer jail terms and a 1-year revocation.
Super Extreme DUI
A.R.S. § 28-1382(A)(2)
Class 1 Misdemeanor
- Jail (1st offense)
- 45 days minimum
- Fines & assessments
- Roughly $3,250+ in fines, fees, and assessments
- License
- 90-day suspension (administrative)
- Interlock
- Extended ignition interlock term
- Other
- Screening, education, and treatment as ordered
The most severe misdemeanor DUI in Arizona — repeat offenses within 84 months escalate dramatically.
Aggravated DUI
A.R.S. § 28-1383
Class 4 Felony
- Prison
- Minimum 4 months in state prison
- License
- 1-year revocation
- Interlock
- 2-year ignition interlock after reinstatement
- Triggers
- 3rd DUI in 84 months, DUI on a suspended license, minor under 15 in the vehicle, or DUI with an interlock order
- Other
- Felony record, probation or prison terms, fines and assessments
A felony conviction carries consequences far beyond the sentence itself — see collateral consequences below.
Penalties vary significantly by state — BAC thresholds for enhanced charges, jail minimums, and license rules are all state-specific. Find your state’s DUI laws
Two Separate Cases
The MVD Track vs. the Criminal Track
A DUI arrest in Arizona starts two independent proceedings. Winning one does not resolve the other — and the administrative one has the shorter fuse.
MVD Administrative Track
- Handles your driving privilege — suspension, revocation, interlock, and reinstatement.
- Triggered by the admin per se / implied consent affidavit served at arrest, not by a conviction.
- 30-day deadline: under A.R.S. § 28-1385 you have 30 days from service of the suspension order to request a hearing. Requesting it stays the suspension until the hearing is decided.
- The suspension can take effect even if criminal charges are later reduced or dismissed.
Criminal Court Track
- Handles the charge itself — jail, fines, probation, screening, and the conviction record.
- Begins with your arraignment, where you enter a plea and the court sets future dates.
- This is where suppression motions, evidentiary challenges, and plea negotiations happen.
- The penalty tiers above are imposed here — and only after a conviction or plea, never automatically.
The clock that matters first is the MVD clock. Miss the 30-day hearing request and the suspension goes into effect automatically, regardless of how strong your criminal defense is. See the first 24 hours after arrest for the step-by-step.
Collateral Consequences
The sentence is only part of the cost. These follow a conviction long after the jail term and fines are behind you.
SR-22 Insurance
Arizona requires SR-22 high-risk insurance certification after a DUI — typically for 3 years. Premiums often double or triple, and the requirement follows you to a new insurer.
Employment & Licensing
Professional licenses (nursing, teaching, law, real estate, securities) may require disclosure or trigger board review. Background checks surface convictions, and some employers treat any DUI as disqualifying.
Immigration
A DUI can affect visa renewals, naturalization, and admissibility — especially aggravated or drug-related DUIs. Non-citizens should understand the immigration posture of any plea before accepting it.
Commercial Drivers (CDL)
CDL holders face a 1-year disqualification on a first DUI — even in a personal vehicle, and even at a 0.04% BAC threshold while operating commercially. A second offense generally means lifetime disqualification.
Reducing the Impact
Mitigation Options
Even when a conviction is unavoidable, the way a sentence is served is often negotiable. Three mechanisms do most of the work.
Screening & Education Completion
On a first standard DUI, completing court-approved alcohol screening and any recommended education can suspend 9 of the 10 jail days. Early enrollment shows the court initiative — and it is the single highest-value step most defendants control.
Home Detention
Many Arizona jurisdictions allow a portion of a jail sentence to be served on electronically monitored home detention after a minimum number of days in custody. Eligibility and percentages vary by city and county — verify with the specific court.
Work Release
Work-release programs let you continue employment during a jail term, reporting to custody during non-working hours. Courts weigh employment verification and program availability, so raise it at or before sentencing.
Penalties Apply Only If the State Proves Its Case
Every figure on this page assumes a conviction. Suppression of a bad stop, an unreliable field test, or a flawed chemical test can change the charge — or end the case. The Motion Bank holds the court-ready templates that raise those challenges.
DUI Penalty FAQs
How much jail time do you get for a first DUI in Arizona?
A first standard DUI (A.R.S. § 28-1381) carries 10 days in jail, but 9 days may be suspended if you complete court-approved alcohol screening and education — leaving 1 day in many first-offense cases. Extreme DUI (0.15%+) carries 30 days minimum and Super Extreme (0.20%+) carries 45 days minimum.
How much does a DUI cost in fines?
Expect roughly $1,250+ in fines, fees, and assessments for a first standard DUI, $2,500+ for Extreme DUI, and $3,250+ for Super Extreme. Those figures exclude attorney fees, interlock rental, screening costs, SR-22 insurance increases, and license reinstatement fees — the true cost is usually several times the court-ordered amount.
Will I lose my license after a DUI arrest?
Arizona's MVD administrative suspension (typically 90 days) runs separately from the criminal case and can take effect even if charges are later reduced or dismissed. You have 30 days from service of the suspension order to request an MVD hearing under A.R.S. § 28-1385 — requesting the hearing stays the suspension until it is decided.
What makes a DUI a felony in Arizona?
Aggravated DUI under A.R.S. § 28-1383 is a class 4 felony. The most common triggers are a third DUI within 84 months, driving on a suspended or revoked license, a passenger under 15, or driving under an interlock requirement. It carries a minimum of 4 months in prison, a 1-year revocation, and a 2-year interlock term.
Are DUI penalties the same in every state?
No. Every state sets its own BAC thresholds for enhanced charges, jail minimums, license suspension periods, and interlock rules. The Arizona figures on this page are among the toughest in the country. Check your state's specific framework in our state-by-state guides.
Can DUI penalties be reduced?
Often, yes. Suppression motions challenging the stop, the field sobriety tests, or the chemical test can lead to reduced charges or dismissal. Even without suppression, completing screening early, negotiating reckless-driving reductions where available, and using home detention or work release can substantially cut the real-world impact.
Related reading: DUI charges explained, defense strategies, and Arizona-specific process detail at arizonaduiprocess.com.