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Arizona DUI Laws & Penalties

Arizona DUI

Arizona DUI (ARS 28-1381) states that it is illegal for anyone to drive, be in physical control of, or operate a motor vehicle; 

  • While under the influence of alcohol, drugs, a combination of both, vapor releasing substance containing a toxic substance if the person is intoxicated to the slightest degree.

  • If they have a blood alcohol concentration (BAC) of .08% or greater within 2 hours of being in physical control of a motor vehicle (.04% for commercial drivers), or have any drug or metabolite of the drug in the persons body.

Normally when pulled over for suspicion of an Arizona DUI the officer will request you take a breath test.  If you submit and your BAC is .08% or greater you will be charged with both of the first 2 DUI categories listed above.

In addition Arizona DUI law specifies that these are normally misdemeanor offenses so long as there are no accidents, bodily injury, property damage, etc…  They can be charged as felonies if any of the above is committed or if prior DUI offenses exist along with any of the following:

  • Suspended driver license

  • Minor in the vehicle (age cutoff is normally calculated at 15)

In Arizona DUI cases, the state’s objective is to collect as much evidence as possible that indicates that the suspect was either impaired or under the influence while operating or in physical control of the vehicle.  The state will usually seek evidence in 4 main areas to attempt to prove their case.  These 4 categories are listed below;

  1. Physical symptoms of impairment

  2. Chemical test evidence

  3. Any admissions

  4. Driving symptoms of impairment

First Offense Arizona DUI

  • Fine:  $250 to $2,500.  (Plus an additional $500.00 assessment for arrests after March 13, 2004).

  • Driver License Suspension:  90 days.

  • Jail:  10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

  • Ignition Interlock Device: Required for extreme or aggravated DUI

  • Vehicle impoundment: Yes for extreme or aggravated DUI

Second Offense Arizona DUI

  • Fine:  $500 to $2.500.  Additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1250.00 assessment for arrests after March 13, 2004).

  • Driver License Suspension:  1 year revocation.

  • Jail:  90 days to 6 months in jail. The Court may suspend 60 of the 90 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

  • Ignition Interlock Device:  Required.  Duration is court discretion.

  • Vehicle impoundment: Yes, if driving privilege is suspended 

First Offense Extreme Arizona DUI

(BAC at or above .15%)
  • Fine:  $250.00 fine.  Additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1000.00 assessment for arrests after March 13, 2004).

  • Driver License Suspension:  90 day suspension.

  • Jail:  30 consecutive days in jail. The Court may suspend 20 of the 30 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

  • Ignition Interlock Device:  Required.  Duration is court discretion.

First Offense Super Extreme DUI

(BAC of .20% or greater Took Effect September 19, 2007)
  • Same as above plus the following below

  • Driver License Suspension:  90 days.

  • Jail:  45 consecutive days in jail. The court cannot suspend ANY of the sentence.

  • Ignition Interlock Device:  Mandatory.

Second Offense Extreme Arizona DUI

(BAC at or above .15%)
  • Fine:  $500.00 fine.  Additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1250.00 assessment for arrests after March 13, 2004).

  • Driver License Suspension:  1 year revocation.

  • Jail:  120 days in jail of which 60 must be consecutive. The Court may suspend 60 of the 120 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

  • Ignition Interlock Device:  Required.  Duration is court discretion.

*Note:  In each of the cases above you will also be placed on probation for a period of 5 years.

Arizona BAC Presumptions

  • BAC levels of .001% to .05% - Presumed not to be under the influence

  • BAC levels of .051% to .099% - Admissible as evidence in court

  • BAC levels of .10% or greater - Presumed to be under the influence

  • BAC levels of .04% or greater - For commercial drivers is presumed to be under the influence

Arizona Implied Consent Laws

  • Chemical testing is allowed - Blood, breath, urine or other bodily aubstance testing as selected by the officer

  • Officer must advise defendant of drivers license suspension periods for test refusal

  • Minimum 30 day license suspension for test results of .10% or greater

  • Immediate license seizure for test refusal

Chemical Testing

  • Breath test results are admissible in court if they are performed by a person with a valid permit in accordance with the Department of Health

  • Blood test - Blood draws must be administered by a physician, nurse or other qualified person

  • Independent chemical testing - Defendant has the right to have independant chemical testing done by a qualified person. Defendant is responsible for all independant test costs.

  • All test result must be made available to defendant or their DUI Attorney upon request

Arizona SR22 Insurance Considerations after a DUI Offense

In Arizona, after you get a DUI conviction in order to get your drivers license back you'll be required to carry what's known as a SR22 insurance policy for a period of 3 years. The SR22 insurance policyis a high risk auto insurance policy that is mandated by the Arizona Department of Motor Vehicles and provided by smaller companies that specialize in this type of auto insurance. 

DUI Arrest Help.com has partnered with the largest and most trusted provider in the state of Arizona to offer you a free no obligation SR22 insurance quote. Not only will you save money but our partner also leads the insurance industry in customer service. 

You won't be able to find a cheaper SR22 insurance policy in Arizona for any less.  Type in your zip code below so we can provide the cheapest rates in your area.

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Other Arizona DUI Resources

  • Arizona DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in Arizona.

  • Arizona SR22 Insurance -  Learn everything you need to know about Arizona's SR22 filing requirements with the MVD and find out how you can save hundreds of dollars each year on your Arizona SR22 insurance.

  • Arizona DUI Lawyers -   Contact one of our Arizona DUI lawyers today.

  • Arizona Alcohol Treatment Programs -   We offer a complete listing of Arizona approved alcohol treatment programs.