DUI Laws in Arizona

How Arizona defines “driving under the influence” (DUI) and the consequences of a conviction.

By Joshua Egan, Attorney · Sandra Day O’Connor College of Law

Arizona's DUI laws prohibit all motorists from operating a motor vehicle:

with a blood alcohol concentration (BAC) of .08% or more, or
while under the influence of drugs or alcohol if the driver is impaired to the slightest degree.

And for drivers who are under 21 years old, it's illegal—often called a "baby DUI"—to drive with any detectable amount of alcohol in their system.

Arizona DUI Penalties

Arizona imposes mandatory minimum jail sentences and fines for DUI convictions. The penalty ranges depend on how many prior convictions the person has and the person's BAC. The charts below provide potential sentences for a first, second, and third DUI conviction.

First DUIs

Here are the first DUI penalties:

	Impaired or Per Se DUI (BAC of .08 to .149%)	Extreme DUI (BAC of .15 to .199%)	Super Extreme DUI (BAC of at least .20%)
Jail	At least 10 days in jail (all but 24 hours can be suspended after alcohol screening is done)	At least 30 consecutive days in jail (all but 9 days can be suspended if the driver installs an ignition interlock device (IID))	At least 45 consecutive days in jail (all but 14 days can be suspended if the driver installs an IID)
Fines	$1,250 minimum	$3,000 minimum	$3,250 minimum
Ignition Interlock Device (IID)	1 year required (but might be eligible for a reduction of 6 months)	1 year required	1 year required

Second and Third DUIs

Here are the penalties for a second and third DUI:

	Impaired or Per Se DUI	Extreme DUI	Super Extreme DUI
Jail	At least 90 days in jail (all but 30 can be suspended after drug screening and treatment is done)	At least 120 days	At least 180 days
Fines	$2,500 minimum	$3,250 minimum	$4,250 minimum
IID	1 year required	1 year required	1 year required

A third DUI within seven years is a felony. Convicted drivers face a mandatory prison sentence of at least four months, a two-year IID requirement, and over $4000 in fines and assessments.

License Suspensions for a DUI Conviction in Arizona

All Arizona drivers convicted of a DUI face a driver's license suspension. The suspension for a first, second, and third DUI are as follows:

	1^st Offense	2^nd Offense	3^rd Offense
Suspension Period	90-day minimum	1-year minimum (but might be eligible for a restricted license after 45 days if IID is installed)	1-year minimum

Implied Consent and Refusing a Blood or Breath Test in Arizona

Arizona's "implied consent" laws require all drivers who are lawfully arrested for driving under the influence to submit to a blood or breath test. A refusal will result in the following revocation periods:

	1^st Offense	2^nd offense or Subsequent offense
License Revocation	1 year	2 years

Prior DUI convictions, refusals, and failed BAC tests (.08% or greater) within the past seven years all count as priors for determining what is a second or subsequent refusal.

Plea Bargaining in Arizona DUI Cases

In some rare cases, a reduction to a "wet reckless" charge is possible. This requires a driver to plead to a reckless driving charge with some alcohol-related conditions. For example, a driver may be required to install an IID or submit to drug and alcohol screening and treatment.

A wet reckless conviction doesn't carry the mandatory jail and fines that a DUI conviction requires. It also doesn't count as a prior DUI if the driver is charged with another DUI within seven years.

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Arizona DUI Laws and Penalties