Arizona’s DUI lookback period is 84 months under ARS 28-1381 through 28-1383. Any prior DUI violation within seven years triggers enhanced sentencing on a new charge, and a third offense inside that window becomes an Aggravated DUI felony. The clock runs from the violation date, not the conviction date. Call Oliverson Law at (480) 582-3637.
What the 84-Month Lookback Period Means Under Arizona Law
Arizona does not treat every DUI as a standalone event. When someone is charged with a new DUI offense, prosecutors check whether any prior DUI violations occurred within the preceding 84 months. If they did, the new charge carries mandatory sentencing enhancements that significantly increase jail time, fines, license suspension length, and interlock requirements. The statute that governs this is ARS 28-1381 for standard DUI, with the repeat-offense escalation provisions built into ARS 28-1381(K) and the felony threshold codified in ARS 28-1383.
The 84-month figure equals exactly seven years. Arizona selected this specific window as a middle ground among state approaches. Some states use five-year lookback periods, others use ten years, and a few like Texas count every prior DUI regardless of when it occurred. Arizona’s seven-year window means that a DUI conviction from eight years ago cannot be used to enhance sentencing on a current charge, even though the conviction still exists on the person’s criminal record and MVD driving history.
Understanding the lookback period is critical for anyone with a prior DUI who faces new charges in Maricopa County courts. The difference between a first-offense and second-offense sentence under ARS 28-1381 is substantial: minimum jail time jumps from one day to 30 days for a standard DUI and from 30 days to 120 days for an Extreme DUI under ARS 28-1382. The financial penalties, interlock duration, and license revocation periods all increase correspondingly. Whether the prior offense falls inside or outside the 84-month window can determine whether someone faces 24 hours in jail or four months in state prison.
How Arizona Counts the 84 Months
One of the most commonly misunderstood aspects of Arizona’s lookback period is which date starts the 84-month clock. Many people assume the window runs from the date of their prior conviction or sentencing. That assumption is incorrect and can lead to serious miscalculations about exposure to enhanced penalties.
Arizona counts from the date of the DUI violation, not the conviction date. The violation date is the date the person committed the offense, which in practice means the date of the traffic stop and arrest. If someone was pulled over for DUI on January 10, 2020 but did not enter a guilty plea or receive a conviction until August 2020, the 84-month clock started on January 10, 2020. A second DUI arrest on January 9, 2027 would fall within the lookback window. A second arrest on January 11, 2027 would not.
This date-of-violation rule matters significantly in cases where the original DUI took months or even years to resolve through the court system. Contested cases involving suppression motions, independent blood testing, and trial preparation can take 12 to 18 months to reach disposition. During that time, the lookback clock is already running from the original arrest date, not waiting for the case to conclude.
Out-of-state priors also count. If someone was convicted of DUI in California, Nevada, or any other state, Arizona prosecutors can use that prior offense within the 84-month lookback window as long as the out-of-state offense meets Arizona’s statutory definition of a DUI equivalent. The prosecution must establish that the elements of the prior offense align with Arizona’s DUI statutes, which may involve obtaining court records and certified documents from the other jurisdiction. Defense attorneys can challenge whether the out-of-state charge actually qualifies as a DUI equivalent under Arizona law, and this argument has been successful in cases where the prior state’s statute covers conduct that Arizona does not classify as DUI.
How the Lookback Period Affects Sentencing
The practical consequences of falling inside versus outside Arizona’s 84-month lookback window are severe. Every tier of DUI charge carries escalating mandatory minimums for repeat offenders, and the third-offense threshold triggers a felony classification that moves the case from municipal or justice court to Maricopa County Superior Court.
| Offense Level | Statute | 1st Offense Penalties | 2nd Offense (Within 84 Mo.) |
|---|---|---|---|
| Standard DUI | ARS 28-1381 | 1 day jail, ~$1,500 fines, 90-day suspension | 30 days jail, ~$3,500 fines, 1-year revocation |
| Extreme DUI (0.15+ BAC) | ARS 28-1382 | 30 days jail, ~$2,700 fines, 90-day suspension | 120 days jail, ~$3,700 fines, 1-year revocation |
| Super Extreme DUI (0.20+ BAC) | ARS 28-1382 | 45 days jail, ~$3,200 fines, 90-day suspension | 180 days jail, ~$4,600 fines, 1-year revocation |
| 3rd DUI (within 84 mo.) | ARS 28-1383 | Class 4 felony — 4 months prison minimum, 3-year revocation | |
Second-offense enhancements under ARS 28-1381(K) apply automatically when the prosecution establishes that the defendant committed a prior DUI violation within 84 months. The mandatory minimum jail sentence increases from one day to 30 days for a standard misdemeanor DUI. Courts may order up to 180 days. The ignition interlock requirement extends from 6 months to 12 months. Community service hours increase, and the court must order an alcohol and drug screening followed by any treatment program recommended by the screening provider.
The third-offense felony trigger represents the most significant sentencing cliff in Arizona DUI law. Under ARS 28-1383(A)(1), a person who commits a third DUI violation within 84 months is guilty of an Aggravated DUI, a class 4 felony. This charge is filed in Maricopa County Superior Court rather than a municipal or justice court. The mandatory minimum sentence is four months in the Arizona Department of Corrections, not county jail. The person’s driver’s license is revoked for at least three years, and they must complete an alcohol treatment program, install an interlock device upon license reinstatement, and perform community service. A felony conviction also creates lasting collateral consequences including restrictions on firearm ownership, professional licensing barriers, and employment difficulties.
Enhanced interlock and license consequences compound the sentencing impact. A first-offense DUI typically results in a 90-day license suspension with restricted driving privileges available after 30 days. A second offense within the lookback window triggers a one-year license revocation with no restricted privileges for the first 45 days. The interlock requirement for a second offense is at least 12 months, compared to 6 months for most first offenses. These administrative penalties are imposed by ADOT/MVD and run in addition to any court-ordered penalties.
Enhanced penalties are not automatic until the prosecution proves the prior falls within the lookback window. An attorney who has served as both prosecutor and judge can identify defense angles others miss. Office: 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281.
Lookback Period vs. Criminal Record Retention
One of the most dangerous misconceptions about Arizona’s DUI lookback period is that it functions like an expungement. People often believe that once 84 months pass, their prior DUI disappears. That is not how Arizona law works, and confusing these two concepts can lead to costly mistakes in plea negotiations, employment disclosures, and professional licensing applications.
The lookback period controls only sentencing enhancement. When 84 months elapse from the date of a prior DUI violation, the state can no longer use that offense to increase mandatory minimum penalties on a new charge. A new DUI would be sentenced as a first offense rather than a second offense. But the prior conviction remains fully intact on the person’s criminal record, their MVD driving history, and any background check database that captured it. Employers, landlords, licensing boards, and insurance companies can still see and act on it.
Arizona does not have true expungement for DUI convictions. What Arizona offers instead is the ability to set aside a conviction under ARS 13-905. A set-aside means the court enters an order releasing the person from all penalties and disabilities of the conviction. However, the conviction record itself is not erased or sealed. It remains visible on background checks with a notation that it was set aside. For many practical purposes, a set-aside improves a person’s situation with employers and licensing boards, but it does not make the conviction invisible. The prior DUI remains available for the prosecution to reference in future proceedings, even if it falls outside the 84-month sentencing window.
MVD records operate on a separate timeline entirely. ADOT maintains driving records that include DUI-related actions such as suspensions, revocations, and interlock orders. These records remain on the person’s MVD driving history for a period determined by ADOT policy, which often extends well beyond 84 months. Insurance companies access MVD records when setting premium rates, which is why auto insurance costs can remain elevated long after the lookback period expires and even after a conviction is set aside.
Professional licensing boards in Arizona, including the State Bar, medical licensing boards, nursing boards, and real estate licensing authorities, require disclosure of all criminal convictions regardless of age. The lookback period has no bearing on these disclosure obligations. A DUI conviction from 15 years ago may still require disclosure on a professional licensing application, and failure to disclose can be treated more seriously than the underlying conviction itself.
How Oliverson Law Uses the Lookback Window in Defense Strategy
The 84-month lookback period is not just a sentencing rule; it is a strategic element that experienced defense attorneys incorporate into case planning from the first consultation. At Oliverson Law DUI & Criminal Defense, the lookback analysis begins the moment a client with a prior DUI walks through the door at our Tempe office.
Verify the Exact Violation Date of Every Prior Offense
We pull certified records from every jurisdiction where a prior DUI occurred, whether in Tempe Municipal Court, Phoenix Municipal Court, a Maricopa County Justice Court, or an out-of-state court. The violation date on the original complaint or citation controls the lookback calculation, not the plea date or sentencing date. Even a one-day difference can change whether the current charge is treated as a first or second offense.
Challenge the Prosecution’s Lookback Calculation
If the prior violation date is close to the 84-month boundary, we file targeted motions challenging the enhancement. Prosecutors sometimes rely on arrest reports rather than verified violation dates, or they use conviction dates instead of violation dates. We require the state to prove the exact date of the prior violation through competent evidence before any enhancement applies.
Evaluate Out-of-State Priors for Arizona Equivalency
Not every DUI conviction from another state qualifies under Arizona’s lookback provisions. The prior offense must meet Arizona’s statutory definition of a DUI-equivalent charge. If the elements of the out-of-state statute are broader than ARS 28-1381, the prior may not count. We have successfully argued that certain out-of-state charges do not meet the equivalency threshold, preventing sentencing enhancement.
Negotiate Timing Strategically When Near the 84-Month Line
When a client’s current case is close to the 84-month boundary, case timeline management becomes critical. If the prior violation date will fall outside the lookback window before the current case reaches resolution, the defense strategy may focus on extending proceedings through legitimate discovery motions and continuances so the enhancement window closes before sentencing. This tactic is lawful and has materially affected outcomes for clients in Maricopa County courts.
Founding attorney Derek Oliverson has served as a police officer in Henderson, Nevada, a criminal prosecutor in Mohave County, and a judge at both Page Magistrate Court and Glendale City Court. That perspective across every side of the courtroom informs how the firm evaluates lookback calculations, challenges prosecution evidence, and builds defense strategies for clients facing enhanced DUI sentencing. Attorney David Tangren, a former prosecutor with the Pima County Attorney’s Office, brings additional felony trial experience to cases where the 84-month window pushes a charge into Aggravated DUI territory in Superior Court.
If you have a prior DUI and face new charges, the lookback window analysis should happen immediately. Whether the prior falls inside or outside the 84-month period shapes every subsequent decision in your case, from plea negotiation strategy to motion practice to trial preparation. Contact Oliverson Law at (480) 582-3637 or visit our office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281 for a consultation focused on your specific timeline.
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Frequently Asked Questions
Arizona counts the 84-month lookback period from the date of the DUI violation itself, not from the date of conviction, sentencing, or case disposition. If someone was arrested for DUI on March 15, 2020 and convicted six months later, the lookback clock started on March 15, 2020. A second DUI arrest that falls within 84 months of that original violation date triggers enhanced sentencing. This distinction matters because cases that take months or years to resolve through the courts can create confusion about which date controls the lookback calculation.
If the second DUI violation occurs even one day after the 84-month window closes, the prosecution cannot use the prior offense to enhance sentencing. The new charge would be treated as a first offense for sentencing purposes, carrying lower mandatory minimums for jail time, fines, and interlock requirements. However, the prior conviction still appears on your criminal record and driving history. Prosecutors and judges can still reference it during sentencing arguments, and insurance companies will factor it into rate calculations regardless of the lookback window.
Yes. Under ARS 28-1383, a third DUI violation within 84 months qualifies as an Aggravated DUI, which is charged as a class 4 felony. This carries a mandatory minimum of four months in Arizona Department of Corrections prison, not county jail. The felony conviction also results in license revocation for at least three years, mandatory alcohol treatment, community service, and a permanent felony record. The 84-month window is calculated from each prior violation date, so both previous offenses must fall within 84 months of the current violation to trigger the felony enhancement.
No. The lookback period only determines whether a prior offense enhances sentencing on a new DUI charge. It does not expunge, seal, or remove the prior conviction from your criminal record, MVD driving history, or background check databases. A DUI conviction in Arizona remains on your criminal record permanently unless you obtain a court order to set aside the conviction under ARS 13-905. Even a set-aside does not erase the record completely; it adds a notation that the conviction was set aside but the underlying record remains visible.
Arizona’s 84-month or seven-year lookback is moderate compared to national ranges. California uses a 10-year lookback, Colorado uses five years, and Texas has no lookback limit at all, meaning every prior DUI counts regardless of when it occurred. Some states like Massachusetts also use a lifetime lookback. For someone with a prior DUI from another state, Arizona courts will examine whether the out-of-state offense falls within the 84-month window and whether the prior charge meets Arizona’s statutory definition of a DUI equivalent offense.
Speak directly with an attorney who has served as a police officer, prosecutor, and judge. Office: 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281.