Arizona DUI Penalties

Updated March 05, 2021

Arizona DUI penalties depend on the defendant’s blood alcohol concentration (BAC) and whether the defendant has prior DUI offenses. Each drunk driving conviction carries some mandatory incarceration, a license suspension, a base fine plus surcharges, an alcohol screening, traffic school, and an ignition interlock requirement (IID).

In this article, our Arizona criminal defense attorneys discuss:

• 1. What are the penalties for a DUI in Arizona?
  • 1.1. DUI
  • 1.2. Extreme DUI
  • 1.3. Super-Extreme DUI
  • 1.4. Aggravated DUI (including third-DUIs)
• 2. Does the case stay on my record?
• 3. Will my car insurance rates increase?

1. What are the penalties for a DUI in Arizona?

1.1. DUI

Regular DUI in Arizona is driving under the influence of drugs or of alcohol with a BAC from 0.08% to 0.149%. People with a blood alcohol level under the legal limit can also face DUI charges if they are impaired to the slightest degree. And commercial drivers can be convicted of DUI for having a BAC of only 0.04% or more.

DUI is a class 1 misdemeanor, and penalties increase with each successive offense:

DUI	Arizona DUI penalties
First offense in 7 years	10 days in jail (though 9 days can be suspended if the defendant completes alcohol and drug screening, education, or treatment); At least $1,250 in fines; 90-day driver’s license suspension (though it may be possible to drive on a restricted basis after 30 days); An ignition interlock device (IID) for 1 year; Alcohol and drug screening, education, or treatment; Traffic survival school course; and Possibly community service
Second offense in 7 years	90 days in jail (though 60 days can be suspended if the defendant completes drug and alcohol screening, education, and treatment); At least $3,000 in fines; 1-year driver’s license suspension (though it may be possible to drive with an IID after 45 days); An ignition interlock device (IID) for 1 year; Alcohol and drug screening, education, or treatment; Traffic survival school course; and 30 hours of community service1

1.2. Extreme DUI

Extreme DUI in Arizona is driving with a BAC from 0.15% to 0.199%. Extreme DUI is a class 1 misdemeanor, and penalties increase with each successive offense:

DUI	Arizona DUI penalties
First offense in 7 years	30 consecutive days in jail; About $2,500 in fines; 90-day driver’s license suspension; IID for 1 year; Alcohol and drug screening, education, or treatment; Traffic survival school course; and Possibly community service
Second offense in 7 years	120 days in jail; About $3,250 in fines; 1-year driver’s license suspension; IID for 1 year; Alcohol and drug screening, education, or treatment; Traffic survival school course; and 30 hours of community service2

1.3. Super Extreme DUI

Super Extreme DUI in Arizona is driving with a BAC of 0.20% or higher. Super Extreme DUI is a class 1 misdemeanor, and penalties increase with each successive offense:

DUI	Arizona DUI penalties
First offense in 7 years	Class 1 misdemeanor: 45 days in jail; At least $2,750 in fines; 90-day driver’s license suspension; IID for 1 year; Alcohol and drug screening, education, or treatment; Traffic survival school course; and Possibly community service
Second offense in 7 years	Class 1 misdemeanor: 180-day jail sentence; At least $3,750 in fines; 1-year driver’s license suspension; IID for 1 year; Alcohol and drug screening, education, or treatment; Traffic survival school course; and 30 hours of community service3

1.4. Aggravated DUI (including third-DUIs)

The penalties for aggravated DUI in Arizona turn on the reason for the “aggravated” charge.

BAC level	Minimum jail time
.08% to .149% (Impaired or Per Se DUI)	First offense: 10 days Second offense: 90 days
.15% to .199% (Extreme DUI)	First offense: 30 days Second offense: 120 days
.20% or higher (Super Extreme DUI)	First offense: 45 days Second offense: 180 days

In addition, the court will sentence the defendant to:

• Minimum 4 months in prison;
• At least $4,000 in fines;
• Minimum 1-year driver’s license suspension;
• Alcohol or other drug screening, education or treatment;
• Minimum 24 months of IID;
• A traffic survival school course; and
  
• Forfeiture of the vehicle⁴

2. Does the case stay on my record?

Yes, Arizona law does not permit criminal records to be expunged or sealed. But once the case is over, defendants can ask the judge to “set aside” the case. Set asides – which show up on background checks – are a judicial acknowledgment that the defendant completed all the sentencing requirements.⁵

3. Will my car insurance rate increase?

Probably. Most insurance companies increase premiums following a DUI case. Also note that DUI defendants must maintain SR22 insurance (usually for three years) in order to reinstate their driving privileges with the Arizona MVD.⁶

Arrested for felony or misdemeanor DUI / DWI in Arizona? Whether it is a first time or repeat offense, contact us to discuss how you may be able to avoid a DUI conviction and license revocation. Our DUI lawyers create attorney-client relationships in Phoenix, Scottsdale, and throughout Arizona.

---

Legal References