Arizona has four BAC (blood alcohol concentration) tiers that trigger different DUI charges. Under A.R.S. 28-1381, .08 or higher is standard DUI. Under A.R.S. 28-1382, .15 to .199 is Extreme DUI with mandatory 30-day jail. Above .20 is Super Extreme DUI with 45-day mandatory jail. Any measurable alcohol under age 21 is a zero-tolerance DUI under A.R.S. 4-244(34). Commercial drivers face .04. Call (480) 582-3637 for a DUI lawyer free consultation.
The Four BAC Thresholds Arizona Uses
Arizona doesn’t treat all DUIs the same. The BAC number at the time of driving determines which statute applies, which penalties are mandatory, and how much room the defense has to negotiate. Four tiers:
| BAC Range | Statute | Charge Type | Mandatory Minimum Jail |
|---|---|---|---|
| Under 21: any measurable | A.R.S. 4-244(34) | Zero Tolerance / Baby DUI | None (2-year license suspension) |
| Commercial: .04+ | A.R.S. 28-3167 | Commercial DUI | Same as standard, plus CDL disqualification |
| .08 – .149 | A.R.S. 28-1381 | Standard DUI | 10 days (9 suspended with screening) |
| .15 – .199 | A.R.S. 28-1382 | Extreme DUI | 30 days (20 suspended with interlock) |
| .20+ | A.R.S. 28-1382(D) | Super Extreme DUI | 45 days (31 suspended with interlock) |
The threshold used is the BAC at the time of driving, not the time of testing. Since testing usually happens 30-90 minutes after the stop, prosecutors and defense both introduce expert testimony on absorption rates. That gap is often where charges get reduced. Per NIH alcohol research, alcohol absorption rates vary by body composition, food intake, gender, and drink type — sometimes by 30% or more between individuals with identical drinking history.
Standard DUI (.08) – A.R.S. 28-1381
The standard DUI statute A.R.S. 28-1381 has three separate ways to charge:
- A.R.S. 28-1381(A)(1) – Impaired to the slightest degree. No BAC required. The state must show the driver was impaired. This is the fallback when BAC is below .08.
- A.R.S. 28-1381(A)(2) – BAC .08 or higher within 2 hours of driving. This is the classic .08 charge.
- A.R.S. 28-1381(A)(3) – Drug DUI. Any illegal drug or metabolite in the body. Marijuana metabolites can trigger this even days after use.
A first-offense standard DUI carries: 10-day mandatory jail (9 suspended if screening completed), $1,250 base fine plus surcharges, mandatory alcohol screening, 12-month ignition interlock under A.R.S. 28-3167, 90-day license suspension, community service, and probation up to 5 years.
Second offense within 84 months: 90-day mandatory jail (60 suspended if interlock), $3,000 base fine, 12-month license revocation, 24-month interlock, community service, and probation.
Extreme DUI (.15) – A.R.S. 28-1382
Extreme DUI applies when BAC reaches .15 or above but stays below .20. The statute A.R.S. 28-1382 makes it a Class 1 misdemeanor with substantially harsher mandatory minimums than standard DUI:
- Mandatory jail: 30 days for a first offense. 20 days can be suspended if the defendant complies with continuous alcohol monitoring or interlock terms per A.R.S. 28-1382(D)(1).
- Fines and assessments: $2,500 base fine plus surcharges, typically bringing the total to $2,500 – $3,500.
- Interlock: 18 months mandatory ignition interlock under A.R.S. 28-3167.
- Alcohol treatment: Required alcohol screening + assessment + follow-up treatment.
- Community service: Court discretion, typically 30-100 hours.
- Probation: Up to 5 years supervised.
Extreme DUI cases are aggressively prosecuted because the elevated BAC removes most impairment defenses. Prosecutors do not need to prove impairment separately; the BAC itself is the impairment. Defense strategy shifts to attacking the accuracy and admissibility of the BAC evidence.
Super Extreme DUI (.20) – Enhanced Penalties
Super Extreme DUI is technically the same statute — A.R.S. 28-1382(D)(2) — but the BAC threshold of .20 triggers enhanced penalties. This is the most severe non-aggravated DUI charge in Arizona short of felony DUI under A.R.S. 28-1383:
- Mandatory jail: 45 days for a first offense. 31 days can be suspended with continuous alcohol monitoring per A.R.S. 28-1382(D)(2).
- Fines: $2,750 base plus surcharges — total often exceeds $4,000 after all court costs.
- Interlock: 18 months mandatory.
- Alcohol treatment: Enhanced screening, assessment, and mandatory treatment participation.
Second-offense Super Extreme DUI (within 84 months) carries 180 days mandatory jail, none of which can be suspended. That is 6 months in county jail. It is one of the most severe misdemeanor sentences in Arizona.
Because the penalties compound so quickly, Super Extreme DUI cases are almost always fought aggressively. Even a small BAC reduction (.201 down to .199) drops the case from Super Extreme to Extreme with 15 fewer mandatory jail days. That number matters. According to NHTSA drunk driving data data, Arizona reports one of the highest per-capita Super Extreme DUI conviction rates in the U.S.
Zero Tolerance and Commercial Driver BAC Limits
Two special BAC categories fall outside the standard-to-super-extreme progression:
Zero Tolerance (Under 21):A.R.S. 4-244(34) makes it a Class 1 misdemeanor for any driver under 21 to operate a vehicle with any measurable alcohol. The threshold is essentially 0.00. Even a single beer creates criminal liability. License suspension is automatic 2 years under A.R.S. 28-3473. See our detailed article on Arizona’s zero tolerance DUI law.
Commercial Drivers (CDL): .04 Federal regulations set the commercial driver limit at .04 BAC, half the passenger limit. Even while off duty in a personal vehicle, a CDL holder convicted at .04+ in a commercial vehicle loses the CDL for a year on the first offense — lifetime on the second per federal 49 CFR 383. Arizona incorporates this in A.R.S. 28-3167.
Underage AND standard DUI stacked. A 20-year-old driver at .10 BAC faces both the zero tolerance charge AND the standard DUI charge, prosecuted concurrently. Both convictions add license suspension time, both create criminal record entries, and both trigger interlock requirements.
Challenging the BAC Result
BAC challenges are the core of most DUI defense strategies. Effective attacks:
- Rising BAC defense. BAC continues rising 30-90 minutes after drinking stops. If the driver was tested well after driving, the BAC at driving may have been below the threshold.
- Breath test calibration. Arizona Intoxilyzer devices must be calibrated regularly per Arizona DPS standards. Missing or delayed calibration records suppress results.
- Blood chain of custody. Every hand-off from draw to lab must be documented. Gaps kill admissibility.
- Radio-frequency interference. Portable police radios can affect Intoxilyzer readings if operated too close.
- Physiological factors. GERD, acid reflux, and certain diets can inflate breath BAC. Diabetics with hypoglycemia can produce acetone false-positives on breath tests.
- Officer training and certification. Arizona requires DUI officers to hold current SFST certification. Lapsed certifications disqualify field sobriety testimony.
Defense expertise matters. Arizona courts routinely suppress or discount BAC evidence when the defense presents credible expert testimony. Even a modest BAC reduction shifts the case from Super Extreme to Extreme, or from Extreme to standard — each step reduces mandatory jail by 15-30 days. Call Oliverson Law at (480) 582-3637.
Frequently Asked Questions
The standard limit for drivers 21 and older is .08 BAC under A.R.S. 28-1381. However, Arizona has additional tiers: .15 is Extreme DUI under A.R.S. 28-1382 with 30-day mandatory jail, and .20 is Super Extreme DUI with 45-day mandatory jail. Commercial drivers have a .04 limit. Drivers under 21 face zero tolerance at any measurable BAC under A.R.S. 4-244(34).
The distinction is BAC. Standard DUI applies at .08 to .149 under A.R.S. 28-1381 with 10-day mandatory jail (9 suspended). Extreme DUI applies at .15 to .199 under A.R.S. 28-1382 with 30-day mandatory jail (20 suspended with interlock). Extreme DUI also carries higher fines, 18-month interlock instead of 12-month, and mandatory alcohol treatment beyond the standard DUI screening.
.20 or higher under A.R.S. 28-1382(D)(2). Super Extreme DUI carries a 45-day mandatory jail sentence for first-offense drivers, 31 days of which can be suspended if the defendant completes continuous alcohol monitoring. Second offense within 84 months increases to 180 days mandatory with none suspended, plus higher fines and revocation of the license.
Three methods: breath test (Intoxilyzer 8000 device), blood test (drawn at a hospital or station), or urine test (rare, less reliable). All three are governed by Arizona DPS calibration and chain-of-custody rules. Breath tests are typically administered at the station after arrest. Blood tests require a warrant or exigent circumstances after McNeely v. Missouri (2013). Result timing matters — BAC continues rising for 30-90 minutes after drinking, so the tested BAC may exceed the BAC at driving.
Arizona is an implied consent state under A.R.S. 28-1321. Refusing a chemical test triggers an automatic 12-month license suspension (24 months for a second refusal within 84 months). However, refusal itself is not a criminal offense — the criminal DUI charge still requires prosecution to prove impairment. Some defendants refuse because avoiding a BAC number denies prosecution of the .08+ statute, requiring them to prove impairment through officer observation instead.
Arizona uses the Intoxilyzer 8000, which has published margin of error of approximately .01 BAC in ideal conditions. Real-world accuracy is affected by calibration status, temperature, operator training, radio interference, and physiological factors like GERD or diabetic hypoglycemia. Blood tests are more accurate but still require rigorous chain of custody. Roughly 15-25% of contested breath test results in Arizona are suppressed or discredited when challenged by defense experts.
Your BAC number decides the mandatory minimums. A modest reduction can drop 15-30 days of mandatory jail. Derek Oliverson defends Arizona DUI cases at every BAC tier since 2009.