What Are Arizona's DUI Laws?

Arizona has some of the most formidable driving under the influence (DUI) laws in the country. As a zero-tolerance state, you can be arrested in Arizona if caught driving with a blood alcohol content (BAC) over 08%, Arizona's legal limit.  

Arizona DUI penalties fall under three categories, first offense, second offense, and extreme DUI. When determining punishment for a DUI, Arizona judges can consider any prior DUI convictions and whether there were minors in the vehicle when you were arrested. Under Arizona Revised Statute §13-701, if your DUI involved an accident, you could face even harsher penalties.

Defining Driving Under the Influence in Arizona

Under Arizona Revised Statute §28-1381, it is unlawful to drive or be in physical control of a vehicle while under the influence of alcohol, drugs, or inhalants if the person is 'impaired to the slightest degree' or has a BAC of .08 or higher within two hours of driving or having control of the vehicle. Under this section, 'vehicle' could include a boat, aircraft, or ATV.

For commercial vehicles, the BAC requirement is lower. If you are stopped while driving a vehicle requiring a commercial driver's license as defined in ARS §28-3001, and you have a BAC of .04 or more, you could be charged with DUI. 

Arizona's Zero Tolerance Law for Minors 

Under ARS §4-101, the legal drinking age is 21. Any driver under the legal drinking age caught driving with a BAC of anything other than 0.00 could be arrested for DUI. They do not have to be impaired in any way; simply having alcohol in their system while driving is sufficient to be convicted of a crime.

A First Offense DUI in Arizona

Generally, if you are stopped for DUI, and it is your first offense, you will be charged with a Class 1 misdemeanor. The penalties include:

Jailtime

The minimum sentence is ten days in jail. If you complete an approved drug or alcohol screening, education, or treatment program, a judge may suspend nine of the ten days, but you must spend at least 24 consecutive hours in jail.

Fines

The minimum fine for a first offense is $250. You will also be required to pay an additional 80% general surcharge, a 10% probation surcharge, and a 'prison and general assessment' fine of $1000.

Ignition Interlock

You must have an ignition interlock device installed in all vehicles you own before you may obtain a restricted license or full reinstatement of your driving privileges. The mandatory interlock period is one year, but a judge may reduce this time under certain circumstances.

License Suspension

Your license will be suspended for a minimum of one year, but first-time offenses often result in shorter suspensions. 

Additionally, if you are arrested on a first offense and refuse to take the breathalyzer or other chemical test, your license may also be suspended for a year.

A Second or Subsequent Offense DUI in Arizona

If you are arrested for DUI within 84 months of a first offense, and your BAC was .15% or less, you may be charged with a misdemeanor second offense. The penalties include:

Jail Time

The minimum sentence for a second offense is 90 days in jail, and a judge may suspend 60 of the 90 days if you complete a court-approved alcohol or drug screening assessment.

Fines

The minimum fine for a second offense charge is $500, plus an 80% surcharge, a $10 probation surcharge, and a $2,500 prison and general assessment fine.

Mandatory Education

For a second offense, you will be required to complete an approved DUI assessment and an educational class.

Ignition Interlock

You must have an ignition interlock device installed in all the vehicles you own before obtaining a restricted license or full reinstatement of your driving privileges. The mandatory interlock period is one year, but a judge may reduce this time under certain circumstances.

License Suspension

Your license will be suspended for two years if you refuse to take the test.

Community Service

For a second offense, you will also be required to serve 30 hours of community service.

An Extreme DUI First Offense in Arizona

A DUI charge is classified as 'extreme' if your BAC is .15% or greater at the time of your arrest. The penalties include:

Jail Time

The minimum sentence is 30 days in jail. A judge could suspend 20 of the 30 days if you successfully complete a court-approved alcohol assessment, education, and treatment program. 

Fines

You will be required to pay a minimum fine of $250, plus an 80% general surcharge, a $10 probation surcharge, and a $2000 prison and general assessment fine. A judge may also require you to pay a $250 DUI abatement fee, which provides grants to cities, counties, and tribal governments to conduct enforcement, judicial, treatment, and educational activities designed to deter drinking and driving.

License Suspension

You will lose your license for at least 90 days for an extreme DUI conviction.

Ignition Interlock

You must have the ignition interlock installed in your vehicles for a time set by the judge in your case.

 For both a second offense DUI and a first offense extreme DUI conviction, you will be required to complete the court-approved alcohol assessment.

Arizona Subsequent Extreme DUI Penalties

If you are arrested within 84 months of your first offense, and your BAC was .15% or greater, you face charges for a subsequent extreme DUI. 
Penalties increase significantly for a subsequent extreme DUI conviction. You face a minimum jail sentence of 120 days, with the possibility of 60 days suspended if you complete the drug or alcohol assessment. However, your first 60 days in jail must be consecutive.

Fines for a subsequent extreme DUI increase to $500, a $435 surcharge, a $10 probation surcharge, and a $2500 prison and general assessment fine. You may also be required to pay a $250 DUI abatement fee. You will have to complete the DUI assessment and education program again, and the ignition interlock will remain on your car for at least one year. You will also lose your license for a minimum of a year.

An Arizona DUI Conviction and SR-22 Insurance

Before the Arizona Motor Vehicle Division (MVD) will reinstate your driver's license following the suspension period, you must show proof of financial responsibility in the form of an SR-22 form. Your insurance carrier generally provides this form directly to the MVD.
You will be required to carry your SR-22 insurance policy for three years. If you allow your insurance to lapse for any reason during the SR-22 coverage period, your insurance company will immediately notify the MVD. This could result in another suspension of your driver's license.

DUI is a Serious Crime in Arizona

Arizona prosecutors and law enforcement take DUI offenses very seriously. Even a BAC of just over the .08 legal limit can result in fines, a suspended driver's license, and jail time. If you are minor caught driving with any detectable alcohol in your system, you face a first offense DUI charge, even if you are not impaired. 

Your insurance premiums will likely increase under the mandatory SR-22 program, and a DUI conviction on your criminal record may impact your employment and educational opportunities.