First-Offense DUI Penalties in Arizona — Mandatory Jail, Interlock, and MVD Consequences
Under A.R.S. § 28-1381, a first-offense DUI in Arizona is a class 1 misdemeanor with at least 10 consecutive days in jail (all but 1 day may be suspended with treatment), minimum fines/assessments of $1,250, a 12‑month ignition interlock, and a 90‑day MVD suspension. Higher BACs under A.R.S. § 28-1382 carry longer mandatory jail terms.
First-offense DUI penalties at a glance
Arizona imposes mandatory penalties even for a first DUI. For a standard DUI under A.R.S. § 28-1381(A)(1) or (A)(2) (impairment to the slightest degree or a BAC of 0.08+), the conviction is a class 1 misdemeanor. The court must impose at least 10 consecutive days in jail, but it may suspend all but 1 day if you complete court-ordered alcohol or drug screening, education, or treatment. See A.R.S. § 28-1381(I). The court also must impose a minimum $250 fine plus two mandatory assessments of $500 each (prison construction & public safety equipment funds), bringing the statutory minimum to $1,250 before surcharges and fees. A.R.S. § 28-1381(I); A.R.S. §§ 12-116.01, 12-116.02. After a first conviction, the MVD typically requires 12 months of ignition interlock (with limited early removal eligibility for certain first-time offenders) under A.R.S. § 28-3319, and a separate MVD administrative suspension of 90 days often applies under A.R.S. § 28-1385.
If your BAC is 0.15–0.199 (Extreme DUI), A.R.S. § 28-1382(A)(1) requires at least 30 consecutive days in jail, with authority to suspend a portion of the term if specific conditions are met. At 0.20+ (Super Extreme), A.R.S. § 28-1382(A)(2) requires at least 45 consecutive days. Financial penalties and interlock requirements increase correspondingly, and some courts authorize home detention or continuous alcohol monitoring after serving a mandatory portion of jail under A.R.S. §§ 9-499.07, 11-459.
A first offense can still be a felony if aggravated circumstances exist, such as driving on a suspended license or with a child under fifteen in the vehicle. See A.R.S. § 28-1383. Early action is crucial because you have only 15 days from service of the MVD notice to request a hearing on an administrative suspension. A.R.S. § 28-1321(K).
Arizona DUI statutes, sentencing ranges & court procedures
Key statutes and standards
– A.R.S. § 28-1381(A)(1): Driving while impaired to the slightest degree by alcohol or drugs. The Arizona Supreme Court in State v. Zaragoza recognized that “slightest degree” focuses on whether alcohol or drugs impaired the person’s ability to drive, not just BAC alone.
– A.R.S. § 28-1381(A)(2): Driving with a BAC of 0.08 or more within two hours of driving.
– A.R.S. § 28-1381(I): Minimum 10 days jail (all but 1 may be suspended with treatment), $250 fine, and $500+$500 mandatory assessments; additional surcharges apply under A.R.S. §§ 12-116.01, 12-116.02.
– A.R.S. § 28-1382(A)(1) & (A)(2): Extreme (0.15–0.199) and Super Extreme (0.20+). First-offense Extreme requires at least 30 days; Super Extreme requires at least 45 days. See A.R.S. § 28-1382(D)–(E) for sentencing provisions, including partial suspension of jail when statutory conditions are met.
– A.R.S. § 28-1383: Aggravated DUI (felony) for certain first-time incidents (e.g., suspended license, wrong-way driving on a highway, or a minor under fifteen in the vehicle), carrying prison exposure, longer interlock terms, and felony collateral consequences.
– A.R.S. § 28-1385: “Admin per se” MVD suspension, typically 90 days for a test result of 0.08+, with eligibility for a restricted permit after 30 days if requirements are met.
– A.R.S. § 28-1321: Implied consent; refusal triggers a 12-month MVD suspension for a first refusal (and 2 years for a subsequent refusal within 84 months). You have 15 days to request an MVD hearing.
– A.R.S. § 28-3319: Ignition interlock for DUI convictions, generally 12 months, with potential early removal eligibility for compliant first-time non-extreme cases.
– A.R.S. § 13-902(A)(5): Up to 3 years of misdemeanor probation for class 1 offenses.
Evidence issues and Arizona case law
State v. Zaragoza underscores that prosecutors must prove impairment “to the slightest degree,” which can be challenged with driving behavior, bodycam, and SFST performance. Horizontal Gaze Nystagmus (HGN) evidence is admissible only with proper foundation and qualifications. See State v. Superior Court (Blake), 149 Ariz. 269. For drug DUIs, the Arizona Supreme Court held that non-impairing marijuana metabolites alone do not prove DUI under A.R.S. § 28-1381(A)(3). See State ex rel. Montgomery v. Harris.
Typical first-offense ranges
| Charge | Mandatory Jail | Fines/Assessments (Statutory Minimums) | License & Interlock |
|---|---|---|---|
| Standard DUI (A.R.S. § 28-1381) | 10 days; all but 1 may be suspended with treatment | $250 fine + $500 PCF + $500 PSEF (surcharges extra) = $1,250 minimum before surcharges | 90-day MVD suspension typical; 12-month IID (possible early removal for eligible first-timers) |
| Extreme DUI (0.15–0.199) (A.R.S. § 28-1382) | 30 consecutive days; partial suspension possible per statute | Substantially higher than standard; statute requires increased fines/assessments (often $2,500+) | IID generally required; MVD actions apply |
| Super Extreme (0.20+) (A.R.S. § 28-1382) | 45 consecutive days; partial suspension possible per statute | Higher than Extreme; totals commonly exceed several thousand dollars | IID required; MVD actions apply |
Court procedures
First-offense DUI cases in Maricopa County are typically filed in municipal or justice courts, including Phoenix Municipal Court, Tempe Municipal Court, Mesa Municipal Court, Chandler Municipal Court, and Maricopa County Justice Courts. After arraignment, cases proceed to pretrial conferences, disclosure under Rule 15, motions (suppression or preclusion) under Rule 16, and a bench or six-person jury trial, depending on the court and election. Many courts authorize home detention or continuous alcohol monitoring after service of the mandatory portion of jail under A.R.S. §§ 9-499.07, 11-459, but program availability varies by jurisdiction.
Local practice matters. Founder Derek Oliverson served as a Glendale City Court judge (2012) in a court processing 40,000+ cases per year and previously adjudicated cases in the Page Magistrate Court. That perspective helps evaluate whether a plea, diversion in a related count, or trial strategy aligns with how specific courts handle DUI calendars.
What happens in Phoenix, Tempe, Mesa & Chandler courts
From Phoenix to Tempe, Mesa, and Chandler, first-offense DUIs usually begin with arraignment, where the court advises you of rights and sets conditions of release. Pretrial conferences follow, where defense counsel negotiates with the prosecutor, requests disclosure, and litigates breath/blood issues, SFST admissibility, and MVD overlaps. Defense challenges commonly target probable cause for the stop, the lawfulness of the arrest, 20-minute observation for breath testing, calibration and maintenance records, chain of custody, and toxicology. In marijuana-related DUIs, counsel leverages State ex rel. Montgomery v. Harris to argue non-impairing metabolites cannot sustain an (A)(3) conviction. If negotiations do not resolve the case, a trial date is set. Many first-offenders secure reduced jail through statutory suspension provisions or alternative programs if eligible and approved by the court.
If you received an admin per se or implied-consent notice, you have just 15 days to demand an MVD hearing. Missing this deadline leads to automatic suspension regardless of the court outcome. A timely request allows counsel to subpoena the officer and toxicologist for the MVD hearing, often producing testimony useful in the criminal case. For those living or working in Maricopa County, coordinating court dates with the MVD calendar is a critical early step.
Interlock logistics also matter. A.R.S. § 28-1464 provides an employer-vehicle exemption in narrow circumstances, and A.R.S. § 28-3319 authorizes early removal for certain first-time non-extreme convictions if you maintain perfect compliance. Your attorney can structure timing so treatment, screening, and interlock installation align with court and MVD requirements, reducing overall disruption.
For statewide strategy or when charges overlap with drug impairment allegations, consult a seasoned DUI lawyer in Arizona who understands both court and MVD timelines.
Talk to Oliverson Law DUI & Criminal Defense about your options before deadlines pass. Offices at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Founded in 2009. Rated 4.9/5 (150+ reviews).
What to do next if you were arrested
Protect your license within 15 days
If you were served with an admin per se or implied-consent form, request an MVD hearing within 15 days under A.R.S. § 28-1321. This can pause an automatic suspension and allow counsel to obtain sworn testimony.
Complete screening early
Court-ordered alcohol or drug screening is required for sentence suspension under A.R.S. § 28-1381(I) and for interlock compliance under § 28-3319. Finishing screening and starting classes promptly can reduce your actual jail time.
Preserve and challenge evidence
Obtain bodycam, dashcam, breath machine records, and blood-toxicology data. Challenges may include the traffic stop, SFSTs (HGN foundation under Blake), observation periods, device calibration, and retrograde extrapolation assumptions.
Plan interlock & insurance
Coordinate ignition interlock installation and SR-22 if required so driving privileges are restored as soon as permitted. Ask about early interlock removal eligibility for first-time non-extreme convictions under A.R.S. § 28-3319.
Common mistakes to avoid
Talk with a DUI lawyer today
Oliverson Law DUI & Criminal Defense brings experience from law enforcement, prosecution, and the bench to first-offense DUI cases across the Phoenix area. Founder Derek Oliverson previously presided in high-volume Arizona courts, and attorney David Tangren is a former Pima County prosecutor. Consultations are confidential and time-sensitive.
Frequently Asked Questions
Yes. For a first standard DUI under A.R.S. § 28-1381, the court must impose at least 10 consecutive days in jail. The judge may suspend all but 1 day if you complete court-ordered screening and treatment. Extreme (0.15–0.199) and Super Extreme (0.20+) DUIs require 30 and 45 consecutive days, respectively, with limited suspension options by statute.
For most first-time cases with a test result of 0.08+ you face a 90-day admin per se suspension under A.R.S. § 28-1385. After 30 days of no driving, you may be eligible for a restricted permit if you complete screening. If you refused testing under A.R.S. § 28-1321, MVD will impose a 12-month suspension for a first refusal.
Generally yes. A conviction for a first DUI typically requires 12 months of ignition interlock under A.R.S. § 28-3319. Some first-time non-extreme offenders may qualify for early removal if they maintain perfect compliance. Extreme and Super Extreme DUI convictions can involve longer interlock and stricter monitoring, depending on the case.
A first DUI is usually a misdemeanor, but it can be charged as an aggravated (felony) DUI under A.R.S. § 28-1383 if certain factors apply, such as driving while your license is suspended, wrong-way driving on a highway, or having a passenger under fifteen. Aggravated DUI carries felony penalties and longer interlock requirements.
Call from Phoenix, Tempe, Mesa, Chandler, or anywhere in Maricopa County. We’ll assess your statute exposure, MVD deadlines, and defense options.