Arizona’s 84‑Month DUI Lookback — How It Drives Charges, Jail, and Your License

How Arizona’s 84‑Month Lookback Works

Arizona law uses a fixed 84‑month (seven‑year) lookback for DUI sentence enhancement and for charging a third DUI as aggravated. The clock is measured from the date of the prior offense to the date of the new offense, not conviction‑to‑conviction. If your prior DUI offense date falls within 84 months of the new offense date, it counts as a prior for enhancement purposes.

Three core statutes create and apply the lookback: ARS § 28‑1381 (standard DUI), § 28‑1382 (Extreme and Super Extreme DUI), and § 28‑1383 (Aggravated DUI). A second DUI within 84 months increases mandatory jail, fines, license consequences, and ignition interlock time. A third DUI within 84 months can be charged as aggravated DUI under § 28‑1383, a felony.

What counts as a “prior” is broader than just a standard DUI. Priors include convictions under § 28‑1381 (impairment or 0.08+), § 28‑1382 (0.15+ or 0.20+), and § 28‑1383 (aggravated). Out‑of‑state convictions may count if the other state’s statute would be a DUI under Arizona law. Prosecutors typically prove comparability with certified records and, if needed, statutory analysis.

The lookback is a criminal enhancement rule. Administrative actions by the Arizona Department of Transportation Motor Vehicle Division (ADOT MVD) also use 84 months to escalate suspensions and revocations after a second admin per se or implied‑consent action, but those administrative actions are separate from criminal priors. A prior administrative suspension alone is not a criminal prior; courts enhance only for prior DUI convictions.

Practically, the lookback shapes charging decisions and plea negotiations in municipal, justice, and superior courts across Maricopa County, including Phoenix, Scottsdale, Mesa, and Tempe. Misdemeanor DUIs are filed in city or justice courts; aggravated DUIs go to Maricopa County Superior Court. If your case is in Maricopa County, the 84‑month window will control whether the State alleges a prior and whether felony charges are possible.

Example: If you were arrested for DUI on June 1, 2024, and you had a prior DUI offense on August 15, 2018, the prior is within 84 months, so enhanced mandatory penalties apply. If that prior offense date were May 15, 2017, it would fall outside 84 months and would not enhance the new case under the statutory lookback.

If the State alleges an incorrect prior, defense counsel can challenge it at a priors hearing by attacking comparability, timing (offense‑date calculations), identity (fingerprints), or the sufficiency of certified conviction documents. When the prior falls outside 84 months, enhancement should not apply under the statutes.

Arizona DUI Laws, Penalties & Court Procedure

Core statutes and the 84‑month rule

• ARS § 28‑1381 (DUI/Impaired or 0.08+): Establishes misdemeanor DUI and enhanced penalties for a second conviction within 84 months of the prior offense date.

• ARS § 28‑1382 (Extreme ≥0.15 and Super Extreme ≥0.20): Increases mandatory jail and imposes higher minimums for a second conviction within 84 months.

• ARS § 28‑1383 (Aggravated DUI): Makes a third DUI in 84 months, DUI while license is suspended/canceled/revoked, or DUI with a child under 15 in the vehicle a felony. The statute specifies that the 84‑month calculation is based on the dates of the offenses.

Penalty ranges affected by the lookback

First‑offense DUI (ARS § 28‑1381): At least 10 days in jail (with eligibility for suspension of all but one day upon screening and compliance), fines and assessments often exceeding $1,500, alcohol/drug screening and classes, a 90‑day license suspension (ADOT MVD), and a minimum 12‑month ignition interlock if convicted of a per se alcohol violation. Court‑ordered community restitution and other terms may apply.

Second DUI in 84 months (ARS § 28‑1381): At least 90 days in jail (at least 30 consecutive days typically required by statute), substantially higher fines (frequently $3,000+ with assessments), at least 30 hours of community restitution, a one‑year license revocation through ADOT MVD, and extended ignition interlock upon reinstatement. Mandatory counseling and probation conditions apply.

Extreme DUI ≥0.15 (ARS § 28‑1382): First extreme carries a minimum 30 continuous days in jail and higher assessments; a second extreme in 84 months mandates at least 120 days in jail.

Super Extreme DUI ≥0.20 (ARS § 28‑1382): First super extreme requires at least 45 days in jail; a second super extreme within 84 months mandates at least 180 days in jail. Both tiers add lengthy ignition interlock, steep assessments, and extended counseling.

Aggravated DUI (ARS § 28‑1383): A third DUI in 84 months, or DUI while license is suspended/revoked/canceled, is generally a class 4 felony with a mandatory prison term (commonly at least 4 months in the Department of Corrections upon conviction), a three‑year license revocation, felony probation or prison, and long‑term ignition interlock after reinstatement. DUI with a child under 15 is generally a class 6 felony with mandatory jail and felony consequences.

MVD consequences and the 84‑month lookback

Separate from court, ADOT MVD imposes administrative suspensions for a 0.08+ test (typically 90 days) and a one‑year suspension for a refusal under Arizona’s implied‑consent law. A second admin per se or refusal within 84 months triggers longer or additional actions, including possible two‑year consequences for a repeat refusal. You have 15 days from service of the suspension notice to request a hearing with the Executive Hearing Office; a timely request stays the suspension until the decision issues.

Court procedure and proving priors

Misdemeanor DUIs proceed in city or justice courts (for example, Phoenix Municipal Court, Scottsdale City Court, Mesa Municipal Court, and Tempe Municipal Court). Felony aggravated DUIs are filed in Maricopa County Superior Court. After arraignment, cases move through case management, disclosure, motion practice (including suppression hearings), settlement conferences, trial, and sentencing.

Priors are typically resolved after a finding of guilt on the current charge. Prosecutors prove a prior with certified conviction records, fingerprint comparisons or other reliable identifiers, and if needed, proof that an out‑of‑state statute matches Arizona’s elements. Judges determine whether the State met its burden and whether the offense dates fall within 84 months.

Because enhancement turns on precise offense dates and statute‑to‑statute comparisons, a knowledgeable DUI lawyer in Arizona can scrutinize the State’s evidence, identify timing or comparability defects, and litigate the priors issue before sentencing.

Consult an Attorney Mid‑Case

What to Do Next

Common Mistakes to Avoid

Talk to Oliverson Law

Frequently Asked Questions