A first offense DUI in Arizona is treated under ARS §28-1381(A)(1)/(2)/(3) and is charged as a class 1 misdemeanor with mandatory penalties including jail time, license suspension, fines and ignition interlock requirements. Oliverson Law’s team — led by a former judge, prosecutor and police officer — can explain how these statutes may apply to your case and potential defenses.
An experienced team dedicated to helping people get out of trouble. Our attorneys include a former DUI judge, prosecutors, and police officer.
Arizona treats all DUI cases seriously. A first offense with a BAC of 0.08% or higher is a Class 1 Misdemeanor. Even upstanding citizens with no prior criminal history often face arrest. You need an experienced, knowledgeable Arizona DUI attorney to protect your rights and fight for the best outcome.
Under ARS 28-1381(A)(1) through (A)(4), it is unlawful to drive or be in actual physical control of a vehicle in any of the following conditions:
Driving while impaired by alcohol, drugs, or any intoxicating substance — even if BAC is below 0.08.
Having a blood alcohol concentration of 0.08% or more within two hours of driving or control.
Presence of any controlled substance or its metabolite in the body while driving.
Commercial vehicle operators with a BAC of 0.04% or higher.
All first offense DUI convictions require mandatory minimums. You face up to 6 months jail, 5 years probation, and $5,000 in fines.
Minimum 10 days jail (may suspend to 1 day with completion of court-ordered counseling program).
Minimum $1,500 in fines plus court fees and surcharges.
Mandatory court-ordered substance abuse screening and counseling.
Required installation for 6 or more months on any vehicle you operate.
90-day license suspension with 30-day hard suspension before restricted/temporary license eligibility.
MVD traffic school, possible community service, and MADD Victim Impact Panel attendance.
If your BAC is above 0.15, you face enhanced Extreme DUI charges with significantly increased penalties:
Mandatory minimum 30 consecutive days in jail. Days may be suspended with 12-month interlock device installation.
Mandatory minimum 45 consecutive days in jail. Days may be suspended with 12-month interlock device installation.
90-day license suspension. 30-day hard suspension before temporary/restricted license eligibility.
12-month license loss if chemical test is refused.
Arizona’s simple-DUI statute, ARS 28-1381(A), defines three distinct ways the State can charge a first-offense DUI:
Driving or in actual physical control of a vehicle while impaired to the slightest degree by intoxicating liquor, any drug, a vapor-releasing substance, or any combination. No specific BAC is required — only that the State can show impairment affected your driving. This is the most flexible charge for prosecutors because it doesn’t depend on a breath or blood test result.
Driving or in actual physical control with a blood-alcohol concentration of 0.08 or above within two hours of driving. The “two-hour rule” lets the State prove the BAC was at or above the limit at the time of driving even if the test happened later. Defenses often challenge the test methodology, chain of custody, or rising-BAC arguments.
Driving or in actual physical control with any drug listed in ARS 13-3401 or its metabolite in the body. No impairment proof is required — mere presence of the substance or its breakdown product is enough. Medical-marijuana patients have a limited affirmative defense under ARS 36-2802(D).
When it comes to your defense, experience isn’t optional — it’s essential. At Oliverson Law, you get a full legal team that’s been on every side of the courtroom.
Over the length of their careers, the attorneys at Oliverson Law have helped thousands of people successfully fight their criminal charges.
As former prosecutors, police officers, and judges, our attorneys have experience on all sides of the law. This insight allows them to better defend your case.
Don’t face Arizona’s mandatory minimums alone. Our team of former judges, prosecutors, and police officers will fight for the best possible outcome.
