Arizona DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

Arizona's DUI law is one of the strictest in the United States. The state stacks three statutory tiers on top of the standard 0.08% threshold — standard DUI, Extreme DUI, and Super Extreme DUI — with mandatory minimum jail time, mandatory ignition-interlock device installation for at least one year on every conviction, and SR-22 financial-responsibility filing for three years after reinstatement.

The legal thresholds

Under ARS § 28-1381 and ARS § 28-1382, Arizona's DUI thresholds are:

Adults 21+ (standard DUI): 0.08% BAC.
Extreme DUI: 0.15% to 0.199% BAC.
Super Extreme DUI: 0.20% BAC or higher.
Commercial drivers (CDL): 0.04% BAC.
Drivers under 21: any detectable alcohol (zero tolerance under ARS § 4-244(34)).

Arizona also charges DUI on impairment evidence below 0.08% under ARS § 28-1381(A)(1) — the "impaired to the slightest degree" subsection. This standard is uniquely low: a driver may be convicted on impairment alone, without reaching any specific BAC, if the prosecution can show alcohol or drugs impaired the driver "to the slightest degree."

First-offense standard DUI penalties

A first-offense standard DUI in Arizona triggers:

10 days minimum jail (typically 9 suspended after completion of alcohol screening and treatment, leaving 24 hours actual custody).
Base fine of $1,250 plus assessments and surcharges typically bringing the total above $1,800.
90-day license suspension (administrative + criminal combined).
Mandatory 12-month ignition-interlock device on any vehicle the driver operates.
Mandatory alcohol screening and any treatment recommended by the screener.
SR-22 financial-responsibility filing for 3 years — see Arizona car insurance.
30+ hours of community service.
5 years of probation in many county jurisdictions.

First-offense Extreme DUI (0.15-0.199%)

An Extreme DUI conviction adds:

30 days minimum jail (typically 21 suspended after treatment).
Base fine of $2,500 plus assessments, total often above $3,000.
90-day license suspension.
Mandatory 12-month ignition-interlock device, sometimes 18 months at the judge's discretion.
SR-22 for 3 years.
Probation up to 5 years.

First-offense Super Extreme DUI (0.20%+)

The Super Extreme tier is uniquely Arizona — few other states stack a third tier this way. A first conviction carries:

45 days minimum jail (typically 31 suspended after treatment).
Base fine of $3,250 plus assessments, total often above $3,750.
90-day license suspension.
Mandatory 18-month ignition-interlock device.
SR-22 for 3 years.
Probation up to 5 years.

The 90-day suspension and 30-day temporary permit

Following an Arizona DUI arrest, the officer typically takes the driver's license and issues a 15-day temporary driving permit. After 15 days, the administrative suspension begins. Drivers can request a hearing within 15 days of the arrest to contest the administrative suspension; the hearing is held by the MVD Executive Hearing Office and addresses three narrow issues: lawfulness of the stop and arrest, BAC at or above 0.08%, and lawful administration of the chemical test. The criminal case proceeds separately in the criminal court.

The implied-consent rule and refusals

Under ARS § 28-1321, anyone who drives in Arizona has implied consent to chemical testing for alcohol or drugs after a DUI arrest. Refusing the test triggers a 1-year administrative license suspension on a first refusal and 2 years on any subsequent refusal — even if the underlying DUI charge is later dropped. Refusals are also admissible as evidence in the criminal case.

Aggravated DUI — Arizona's felony tier

Under ARS § 28-1383, a DUI is charged as a Class 4 felony when:

Committed while the driver's license is suspended, revoked, or canceled.
Committed with a passenger under age 15 in the vehicle.
The driver has two or more prior DUI convictions in the past 84 months.
The driver was wrong-way on a controlled-access highway.

Aggravated DUI carries a state prison sentence and a 3-year revocation of driving privileges — not a suspension — with reinstatement requiring full reapplication. See suspended license for the reinstatement steps after the revocation period ends.

Repeat DUI offenses

A second standard DUI within 84 months (7 years) brings:

90 days minimum jail (60 suspended after treatment).
Fine of $3,000+.
1-year license revocation.
Mandatory 12-month interlock after reinstatement.

A third DUI in 84 months is charged as Aggravated DUI under ARS § 28-1383, with the felony consequences above. The 84-month lookback window is one of the longer DUI lookback periods in the country, reinforcing Arizona's reputation for strict enforcement.