By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed January 27, 2024
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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 must install an ignition interlock device (IID) in their vehicle.
Understanding the Arizona DUI laws may help you avoid a charge. Knowing the law is the first step in protecting yourself.
The following information lays out the basics of Arizona DUI laws.
Arizona DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
|---|---|
| "Per Se" BAC Limit | 0.08% |
| Zero Tolerance (Underage) BAC Limit | 0.00% |
| Enhanced Penalty (Aggravated) BAC Limit | 0.15% |
| Implied Consent to Submit to BAC Test? | Yes |
Arizona DUI Laws: Select Penalties |
|
| Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) | 90 days, 1 year, 3 years |
| Mandatory Alcohol Education, Assessment and Treatment | Both |
| Vehicle Confiscation Possible? | Yes, for aggravated DUI |
| Ignition Interlock Device Possible? | Yes (mandatory for all convictions) |
Note: 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.
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.
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.
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.
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.
Arizona DUI laws are strict. Impairment, even to the slightest degree, puts you at risk for a DUI. Yes, "slightest degree" is in the statute. This means you don't have to have a blood alcohol content (BAC) that is above the legal limit to face arrest.
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.
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.
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.
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).
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.
If your BAC is over 0.15%, your sentencing will be under the second offense extreme or super extreme DUI laws.
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.
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.
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.
An aggravated DUI arises in several instances. An aggravated DUI occurs when:
An aggravated DUI is a felony offense. It carries heavy penalties. You could get up to two years in jail, with four months required. License revocation is for one year, after which you must install an IID for two years. You also have to turn your vehicle over to the state.
Chemical tests and field sobriety tests are evidence of your impairment. Chemical tests include using a Breathalyzer or breath test, blood test, and/or urine analysis. Usually, an officer will use a breath test for alcohol screening, and other tests will confirm the results.
The law expects your cooperation with chemical testing. When you receive your driving privileges, you have consented to these tests. While you can refuse, there are immediate consequences for doing so. You will immediately lose your license for one year and must apply for a limited license after that.
If you're convicted of a DUI, you must equip your vehicle with an ignition interlock device (IID) after your license suspension period. The device prompts the driver to submit a breath sample and will only allow the car to start if there is no trace of alcohol in the sample. Additional breath samples get collected periodically, ensuring the original sample is from the driver.
Arizona law requires motorists who wish to drive after a DUI conviction to apply for a restricted license. Those with IIDs installed on their vehicles are subject to certain restrictions on their license. Generally, you can drive to work, doctor appointments, or other vital destinations. Arizona DOT provides a list of approved IID manufacturers and installers.
A DUI conviction can have lasting consequences on your driving and criminal records. If you have questions about your case, including whether or not you have a defense, an Arizona DUI attorney can help you sort it out. Find a qualified DUI defense attorney today.
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