{"id":371538,"date":"2016-03-31T21:34:25","date_gmt":"2016-04-01T02:34:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/arizona-dui-laws.html"},"modified":"2024-01-28T00:58:38","modified_gmt":"2024-01-28T05:58:38","slug":"arizona-dui-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/arizona-dui-laws.html","title":{"rendered":"Arizona DUI Laws"},"content":{"rendered":"\n
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Arizona DUI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Driving while under the influence (DUI) of drugs or alcohol is a serious offense. Arizona has one of the strictest DUI laws in the nation. It’s considered a violent crime. This is why Arizona, like Tennessee and Georgia, has mandatory jail time for first-time offenders. Anyone convicted of driving under the influence<\/a> must install an ignition interlock device (IID) in their vehicle.<\/p>\r\n

Understanding the Arizona DUI laws may help you avoid a charge. Knowing the law is the first step in protecting yourself.<\/p>\r\n

The following information lays out the basics of Arizona DUI laws.<\/p>\r\n\r\n

Arizona DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/p>\r\n<\/th>\r\n<\/tr>

"Per Se" BAC Limit<\/a><\/td>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/td>\r\n0.00%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/td>\r\n0.15%<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/td>\r\nYes<\/td>\r\n<\/tr>

Arizona DUI Laws: Select Penalties<\/p>\r\n<\/th>\r\n<\/tr>

Minimum License Suspension or Revocation<\/a> (1st, 2nd, 3rd offense)<\/td>\r\n90 days, 1 year, 3 years<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/td>\r\nBoth<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/td>\r\nYes, for aggravated DUI<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/td>\r\nYes (mandatory for all convictions)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: <\/b>State laws constantly change through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it’s a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.<\/i><\/p>\r\n

DUI in Arizona<\/h2>\r\n

It is illegal in Arizona to drive or be in actual physical control of a motor vehicle while under the influence of a substance that causes impairment. While most DUI laws address alcohol-related offenses, the law also includes illicit drugs, toxic vapors, or any substance that impairs your ability to drive safely.<\/p>\r\n

You don’t have to be driving or in motion for a DUI charge. The statute’s language is broad in that you need only be in physical control of a vehicle. This means you are inside a vehicle and have the keys, or the lights are on, or any other factors a police officer may consider. You can even face arrest if you are not inside a vehicle, but a police officer determines you have driven recently, and your BAC is still at the legal limit.<\/p>\r\n

Any DUI conviction in Arizona now carries a mandatory minimum jail sentence. You may even have to reimburse the facility for your incarceration. How long you will serve depends on which DUI offense gets charged.<\/p>\r\n

Every DUI sentence includes an IID requirement and community service hours. Finally, individuals convicted of DUI must undergo a substance abuse education and treatment program and complete a traffic survival course.<\/p>\r\n

Elements of a DUI<\/h2>\r\n

Arizona DUI laws are strict<\/a>. Impairment, even to the slightest degree, puts you at risk for a DUI. Yes, "slightest degree" is in the statute<\/a>. This means you don’t have to have a blood alcohol content (BAC) that is above the legal limit to face arrest.<\/p>\r\n

If you have a BAC at or above the legal limit of 0.08%, you are per se intoxicated. Per se intoxication means that law enforcement does not need more evidence of your impairment to charge you with a DUI offense.<\/p>\r\n

The legal limit is lower if you are driving a commercial vehicle. Being caught with a BAC of 0.04% will result in a DUI charge. In addition to the penalties of a DUI conviction, you can lose your commercial driver’s license for one year.<\/p>\r\n

Zero-Tolerance Policy for Minors<\/h3>\r\n

Arizona has a zero-tolerance policy for minors and intoxicated driving. Anyone under 21 with any BAC above 0.0% or the presence of intoxicating substances has committed a DUI. You may not have to serve jail time if your BAC is under 0.08%, but you will lose your license for two years.<\/p>\r\n

Penalties for DUI<\/h3>\r\n

DUI in Arizona is a misdemeanor. For a first-offense DUI conviction, you can serve 10 consecutive days in jail and pay fines up to $1,250. The judge may order you to perform community service hours. You can face 90 days’ license suspension, and be required to install a certified ignition interlock device (IID).<\/p>\r\n

A second offense within 84 months can lead to 90 days in jail, with 30 days served consecutively. You would also face 30 hours of community service. A driver’s license suspension for one year, followed by installing an IID for the following year is typical. Fines start at $3,000.<\/p>\r\n

If your BAC is over 0.15%, your sentencing will be under the second offense extreme or super extreme DUI laws.<\/p>\r\n

Extreme DUI and Super Extreme DUI<\/h3>\r\n

A BAC that is 0.15% to 0.19% will elevate your DUI violation to an extreme DUI charge. You will face a super extreme DUI if your BAC is at 0.20% or more. A charge of extreme or super extreme DUI will increase your penalties significantly.<\/p>\r\n

An extreme DUI conviction will get you a mandatory 30-day jail sentence and a minimum of $2,500 in fines. You will lose your driver’s license for 90 days, then must install an IID for one year. Your sentence gets increased to 120 days in jail, a minimum of $3,500 in fines, and 18 months with an IID after your one-year license revocation is up.<\/p>\r\n

You will face 45 days in jail for a super extreme DUI conviction, with at least $2,750 in fines, 90-day license revocation, and an IID for one year.<\/p>\r\n

Aggravated DUI<\/h3>\r\n

An aggravated DUI arises in several instances. An aggravated DUI occurs when:<\/p>\r\n