Getting pulled over and accused of driving under the influence is a scary experience, especially if you don’t know what to expect. Arizona has some of the harshest DUI laws in the country, and understanding them and the possible penalties is essential for anyone living or traveling in the state.
What is a DUI in Arizona?
The DUI laws in Arizona are incredibly strict, and this offense can be charged in a number of different scenarios.
Per se DUI laws – .08% or Higher
You can be arrested and convicted of a DUI if your blood alcohol concentration (BAC) is .08% or higher. This is true even if you are driving safely and don’t feel or seem impaired to those around you. This is called a per se DUI.
For example, if you’re caught in a DUI checkpoint and the police decide to breathalyze you and it comes back at .08 or higher, you can be arrested even though you were driving safely and didn’t display any signs of impairment.
Impaired to the slightest degree
It’s also possible to be arrested and convicted of a DUI even if your BAC is under .08, which can be surprising to many people. If the police pull you over and they believe you are impaired – for example, you’re slurring your speech and are having trouble walking or balancing, they can arrest you for DUI. If it turns out that your BAC is under .08, you could still be convicted if the prosecutor proves that you were impaired and unable to operate your vehicle safely.
Aggravated DUI
When aggravating circumstances are present, you could be charged with an aggravated DUI. Some situations that trigger this type of DUI charge include:
- Being arrested for DUI while your license is already suspended
- Being charged with a third DUI within 7 years of two previous DUI convictions
- Driving under the influence with someone under 15 in the car
- Refusing a BAC test while having a required ignition interlock device in your vehicle
Under 21 – Is Arizona zero-tolerance for DUI?
Arizona has a strict zero-tolerance policy for drivers under 21 when it comes to alcohol. If you are under the legal drinking age, it is against the law to drive with any trace of alcohol in your system. For young drivers, “just one drink” is enough to result in serious consequences.
Penalties for underage drivers
Probation is common for first-time offenders, but a conviction can still lead to up to six months in jail and as much as $2,500 in fines and surcharges. There may also be consequences like community service, mandatory alcohol education classes, and a suspended driver’s license.
Arizona DUI penalty chart
The penalties for a DUI in Arizona are among the strictest in the country and become more severe with each offense. Sentences often include mandatory jail time, heavy fines, and additional requirements designed to prevent future incidents.
Review the Arizona DUI penalty chart below to get a better idea of what to expect if you’re facing this charge.
| Offense | Penalties |
|---|---|
| First DUI | • Jail time: Minimum of 10 consecutive days • Fines: at least $1,250 • Driver’s license suspension for 90 days • Alcohol screening, education, and treatment • Installation of a certified ignition interlock device in your vehicle • Community service hours |
| Second and Subsequent DUI Offenses | • Jail time: Mandatory 90 days • Fines: at least $3,000 • Driver’s license revocation for one year • Alcohol screening, education, and treatment • Community service • Installation of an ignition interlock device |
| Extreme DUI (BAC of 0.15 or higher) For a first offense, you’ll face: | • Jail time: minimum of 30 consecutive days without the possibility of probation • Fines: At least $2,500 • Alcohol screening, education, and treatment • A certified ignition interlock device • Community service |
| For a second extreme DUI, you’re facing: | • Jail time: minimum of 120 days • Fines: At least $3,250 • License revocation for one year • Alcohol screening, education, and treatment • Installation of ignition interlock device • Community service |
| Aggravated DUI penalties | • Jail time: Up to two years • One-year license revocation • Alcohol screening, education, and treatment • The use of a certified ignition interlock device • Community service |
Arizona’s DUI laws are tough and the impact of a conviction follows most people for years. Understanding the penalties now can help you make smarter choices before you get behind the wheel.
Is jail mandatory for a first DUI in Arizona?
Jail time is generally a requirement, even after a first DUI in Arizona. However, the judge has some discretion and could allow you to serve this jail sentence through home detention or even suspend some of the jail time.
Whether they do this or not will depend on the specifics of your case. If you were using a legally prescribed medication, have a clean criminal record, or your BAC was just over the limit, the judge might be more lenient and give you a chance to avoid the minimum 10 days in jail.
Is your license suspended immediately after a DUI in Arizona?
After a DUI arrest in Arizona, your driver’s license is not suspended right away. You have a 15-day grace period where you are still allowed to drive. During this time, you can request a hearing with the Arizona Motor Vehicle Division (MVD) to challenge the suspension.
If you submit the request within those 15 days, your license suspension is paused until the hearing takes place and a decision is made.
The Importance of Being Proactive After Being Charged With a DUI
After being charged with a DUI in Arizona, one of the most important things you can do is be proactive and take every step possible to defend yourself and protect your future. Here are some things you can do:
- One of the first things you should do is contact a criminal defense lawyer. These professionals are experienced in handling DUI cases and will do everything they can to protect your rights and help you fight back.
- Keep track of all court dates and ensure you don’t miss any, as this can negatively affect your case and could even end up with you back in custody while you’re waiting for your case to conclude.
- Use an alcohol monitoring system like BACtrack View and provide it to your attorney and the court to demonstrate your commitment to staying sober during your case.
- Enroll in a treatment and/or DUI education program to show the judge you’re taking steps to address the situation and learn from the experience.
By taking these steps, you’re giving yourself the best chance of fighting these charges and protecting your future.
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