Arizona DUI Laws & Penalties

Arizona Drunk Driving Laws Explained in Easy to Understand Simple Terms

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;

Arizona First Offense DUI Penalties

  • 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

Arizona Second Offense DUI Penalties

  • 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

Arizona First Offense Extreme 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.

Arizona First Offense Super Extreme DUI Penalties

(BAC of .20% or greater Took Effect September 19, 2007)

Arizona Second Offense Extreme DUI Penalties

(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.

Alaska 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 Law

  • 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

Arizona DUI 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 independent chemical testing done by a qualified person. Defendant is responsible for all independent test costs.
  • All test result must be made available to defendant or their DUI Attorney upon request

Arizona SR22 Insurance After a DUI

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 policy is 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. 

Additional Arizona DUI Resources
  • Arizona DUI First Offense – Detailed first offense information including punishments after a first offense DUI in Arizona.
  • Arizona DUI Classes – Get signed up to complete your required DUI class online today.
  • Arizona SR22 Insurance – Learn everything you need to know about Arizona SR22 filing requirements with the DMV 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 to discuss your pending DUI case.
  • Arizona Bail Bond Agents – Contact an Arizona bail bond agent to get out of jail now.
  • Arizona Non-owner Insurance – If you need an SR-22 filing, but don’t own a vehicle, you need to get a non-owner policy.