Arizona DUI Law

Arizona DUI law is among the strictest in the United States. Under A.R.S. § 28-1381 through § 28-1383, even a first-offense DUI carries mandatory jail time, substantial fines, license suspension, and a required ignition interlock device. Penalties escalate dramatically for extreme DUI (BAC 0.15+), super extreme DUI (BAC 0.20+), and aggravated DUI (felony). Understanding Arizona’s DUI statutes, implied consent law, and administrative license consequences is essential for building an effective defense. At Oliverson Law DUI & Criminal Defense, DUI is our core practice area. Call (480) 582-3637 for a free case evaluation.

Key Takeaways

• Four Levels of DUI: Standard (0.08+), Extreme (0.15+), Super Extreme (0.20+), and Aggravated (felony) — each with escalating mandatory penalties.
• Mandatory Minimums Even for First Offense: A first standard DUI requires minimum 10 days jail, $1,500+ fines, 90-day suspension, and 12-month ignition interlock.
• Implied Consent: Refusing a post-arrest chemical test triggers automatic 12-month license suspension — separate from any criminal DUI penalties.

Arizona DUI Offense Levels

Standard DUI (A.R.S. § 28-1381)

BAC of 0.08 or above, or impaired to the slightest degree. Class 1 misdemeanor. Mandatory: 10 days jail (9 suspendable), ~$1,500 fines, 90-day suspension, 12-month interlock, alcohol screening and treatment.

Extreme DUI (A.R.S. § 28-1382)

BAC of 0.15-0.199. Mandatory: 30 days consecutive jail, $2,500+ fines, 90-day suspension, 18-month interlock.

Super Extreme DUI

BAC of 0.20 or above. Mandatory: 45 days consecutive jail, $3,000+ fines, 90-day suspension, 18-month interlock.

Aggravated DUI (A.R.S. § 28-1383)

Class 4 felony. Triggered by: suspended license from prior DUI, third DUI within 84 months, or child under 15 in vehicle. Mandatory prison: 4 months minimum, up to 3.75 years for first felony.

DUI Defenses That Work

Challenging the traffic stop (no reasonable suspicion), challenging BAC testing accuracy (maintenance records, operator certification, rising blood alcohol), challenging field sobriety test administration, presenting medical conditions that mimic impairment, and challenging the timeline of events are all proven defense strategies in Arizona DUI cases.

Related Articles

• What Makes a DUI a Felony?
• Consequences of a DUI Conviction
• Stopped for a DUI? Here’s How to Proceed

Frequently Asked Questions

What is the BAC limit in Arizona? 0.08 for most drivers, 0.04 for commercial drivers, and zero tolerance for drivers under 21. However, you can be charged with DUI at any BAC level if impaired “to the slightest degree.”

Can a first-offense DUI be dismissed? Yes — defenses include challenging the stop, the arrest, BAC testing, and officer procedures. Many first-offense DUI cases are resolved through reduced charges or dismissal.

How long does a DUI stay on my record? A DUI conviction is permanent on your criminal record. It can be set aside under A.R.S. § 13-907 but not erased. For driving record purposes, it is visible for 5 years.

Do I need a lawyer for a first DUI? Absolutely. Arizona’s mandatory minimums mean even a first offense carries jail time, fines, and license consequences. An experienced attorney can often reduce or avoid these penalties.