Arizona DUI BAC limits, explained for drivers facing charges in Phoenix and beyond
Arizona’s main DUI law is ARS 28-1381, and the most important BAC limits are 0.08 or more for regular DUI, 0.04 or more for commercial drivers, and any amount if you are under 21 and impaired or driving with alcohol in your system under certain circumstances. Arizona also has an extreme DUI charge at 0.15 or higher and a super extreme DUI charge at 0.20 or higher. In Phoenix, the Arizona Department of Public Safety and local police often rely on blood tests, breath results, field sobriety tests, and officer reports. If you are arrested, you usually have only 15 days to request a MVD hearing to protect your license. Speak with a defense lawyer immediately so video, blood draw records, and calibration evidence can be reviewed before they are lost.
What are Arizona’s DUI BAC limits?
Arizona’s standard DUI BAC limit is 0.08 for most drivers, but the state also charges lower or higher BAC offenses depending on the driver and the alcohol level. Under ARS 28-1381(A)(2), it is illegal to drive or be in actual physical control of a vehicle with a BAC of 0.08 or more within two hours of driving, if alcohol caused the BAC and the alcohol was consumed before or while driving. Arizona also prosecutes commercial drivers at 0.04 or more under ARS 28-1381(A)(3), and drivers under 21 can face charges under Arizona’s underage alcohol laws even at much lower levels. If the BAC is 0.15 or higher, the case may be charged as extreme DUI under ARS 28-1382. At 0.20 or higher, it becomes super extreme DUI, which carries much harsher consequences.
These cases matter in every Arizona courthouse, including Arizona DUI defense cases in Phoenix, Mesa, Tempe, Scottsdale, and nearby counties such as Maricopa County, Pinal County, and Mohave County.
What does ARS 28-1381 say about DUI in Arizona?
ARS 28-1381 makes it illegal to drive or be in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination of both, even if your BAC is below 0.08. The statute gives prosecutors several ways to prove DUI. They can try to show impairment to the slightest degree under ARS 28-1381(A)(1), or they can prove a qualifying BAC within two hours of driving under ARS 28-1381(A)(2). That means a person can be arrested even when a breath test is below 0.08 if the officer claims the driver was impaired. Arizona also allows DUI charges based on drugs, prescription medication, marijuana, or combined impairment.
“It is unlawful for a person to drive or be in actual physical control of a vehicle in this state … while under the influence of intoxicating liquor, any drug, vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.”
This is why field sobriety tests, officer reports, body-worn camera footage, and blood testing procedures often become central evidence in court.
What are the penalties for BAC-based DUI charges in Arizona?
Arizona penalties depend on the BAC level, prior convictions, whether the case is a misdemeanor or felony, and whether there was a child in the car or another aggravating factor. A first-time standard DUI, extreme DUI, or super extreme DUI can include jail, fines, alcohol screening, treatment, ignition interlock, and license consequences. Repeat offenses and high BAC cases increase the jail minimums and financial penalties. Aggravated DUI under ARS 28-1383 can turn a DUI into a felony when, for example, the driver has prior DUI convictions, is driving on a suspended license, or has a child under 15 in the vehicle in certain situations.
| DUI type | Statute | Typical BAC threshold | Common first-offense consequences |
|---|---|---|---|
| Regular DUI | ARS 28-1381 | 0.08 or more | Jail, fines, alcohol classes, license action, ignition interlock |
| Extreme DUI | ARS 28-1382 | 0.15 to 0.199 | Higher jail minimums, higher fines, more treatment, ignition interlock |
| Super Extreme DUI | ARS 28-1382 | 0.20 or more | Longest jail minimums for misdemeanors, larger fines, stricter compliance |
| Commercial DUI | ARS 28-1381 | 0.04 or more | Commercial license consequences, criminal penalties, possible employment impact |
For a first offense, Arizona courts often look at mandatory jail minimums, but prosecutors and defense lawyers also negotiate around test reliability, timing, and whether the state can prove impairment beyond a reasonable doubt.
Oliverson Law handles DUI defense across Tempe, Phoenix, Mesa, Scottsdale, and the surrounding counties. Founder Derek Oliverson is a former police officer, former prosecutor, and former judge, which helps him analyze the case from every angle.
How do Arizona courts handle a DUI charge after arrest?
After a DUI arrest, Arizona courts move quickly, and the first deadlines often involve your driver’s license, not just the criminal case. If you submitted to or refused a breath, blood, or urine test, the Arizona Motor Vehicle Division may take administrative action against your license. In many cases, you must act fast to request a hearing or challenge the suspension. On the criminal side, the court process usually includes an initial appearance, pretrial conferences, possible motion practice, and either a plea negotiation or trial. Defense counsel may challenge probable cause, the traffic stop, the accuracy of the testing machine, the blood draw chain of custody, or whether police properly observed the test.
Review the stop and arrest
Look at why police stopped you, what the officer wrote, and whether the facts support reasonable suspicion and probable cause.
Check the test evidence
Breath and blood results can be challenged for timing, machine calibration, contamination, improper observation, or blood handling problems.
Address the MVD deadline
If your license is at risk, the administrative hearing deadline can arrive fast, so action early can preserve driving privileges.
Build a defense strategy
Depending on the evidence, a defense may focus on dismissal, reduction, suppression of evidence, or trial.
What should you do after a DUI arrest in Arizona?
Your next move should be to protect your license, preserve evidence, and avoid making statements that help the prosecution. Save all paperwork from the stop, court, and MVD. Write down where you were driving, what you drank, when you drank, and who was with you while the facts are still fresh. Do not discuss the case on social media, and do not assume a breath or blood result cannot be challenged. In Arizona, BAC results can be attacked based on the stop, the testing process, and whether the result was actually within two hours of driving as the statute requires. The sooner a defense team reviews the case, the more likely it is that surveillance video, witness names, and machine maintenance records can be obtained.
What mistakes do people make after a DUI arrest?
The biggest mistakes are missing deadlines, treating the BAC number as unchangeable, and trying to handle the case without reviewing the actual evidence.
Frequently Asked Questions
For most drivers, Arizona’s standard legal BAC limit is 0.08 under ARS 28-1381. Commercial drivers can face DUI charges at 0.04 or higher, and underage drivers can face separate alcohol-related charges at much lower levels. Arizona also prosecutes impairment-based DUI even if the BAC is below 0.08, so the officer’s observations and test timing still matter.
Extreme DUI is generally charged when a driver’s BAC is 0.15 or higher under ARS 28-1382. A super extreme DUI charge applies at 0.20 or higher. These offenses carry mandatory jail minimums, higher fines, ignition interlock requirements, and more serious collateral consequences than a standard first-offense DUI.
Yes. Under ARS 28-1381, Arizona can prove DUI by showing impairment to the slightest degree, even if the BAC is below 0.08. That is why officers often use field sobriety tests, driving behavior, statements, and other observations along with chemical test results.
Act quickly to protect your license, keep every document you received, and avoid discussing the facts with police or on social media. Then have a defense lawyer review the stop, the testing, and the court deadlines. In Maricopa County and nearby counties, early action can affect both the MVD case and the criminal charge.
Oliverson Law was founded in 2009 in Tempe and has built DUI and criminal defense cases around detailed investigation, court experience, and practical courtroom strategy. Call now to discuss your BAC result, license status, and next court date.