Arizona First Offense DUI Laws

fight a first offense dui charge in the state of arizona
DUI laws and penalties, fines, license suspension, sr22 filing

If you have recently been arrested on a first offense DUI charge in Arizona it is important that you familiarize yourself with the potential penalties you may be facing. A first offense DUI charge in Arizona can have long lasting effects and follow a person for the rest of their lives if the charge is not dealt with promptly.

Take some time right now and review the Arizona first offense DUI information that has been compiled on this page to gain a better understanding of the first offense laws and penalties in Arizona surrounding a first offense DUI charge.

A person faces to separate charges when arrested and charged with a first offense DUI charge in Arizona. The first charge is the criminal charge of driving under the influence, which will be handled through the Arizona court system.

The second charge is the suspension or revocation of your driver's license that will be taken by the Arizona Department of Transportation. Which is known as the administrative action against your license to drive.

Criminal Case Overview

Under Arizona DUI statute 28-1381 a person who is found to have a blood alcohol level of less than .05% is not considered to be under the influence. If a person has a blood alcohol level between .05% and .08% and if that person displays the signs that are typically associated with someone being under the influence, that person may be arrested and charged with a first offense DUI charge in Arizona, if the person has not previously been charged with a DUI offense in Arizona within the past 7-year period.

A person will be arrested and charged with driving under the influence if their BAC level is .08% or greater. Even if the person does not display the signs typically associated with being under the influence, the mere fact that their BAC level is .08% or greater is a violation of Arizona's 'per se' law.

A person can also be charged with a DUI offense in Arizona even if they were not physically operating the vehicle at the time the police arrived on scene. If the person had been consuming alcohol and has a BAC level of .08% or greater and fell a sleep in their vehicle and has possession of the vehicle's keys, they will be arrested for DUI because they have displayed physical control of the vehicle.

Arizona DUI First Offense Penalties

A first offense DUI charge in Arizona is considered a Class 1 misdemeanor offense as long as there was not an accident resulting in the death of another individual. To be classified as an Arizona first offense DUI the person must not have been previously convicted of a DUI charge in the state of Arizona within the previous 7-years.

An Arizona first offense DUI conviction will result in a minimum jail sentence of 10-days. The judge may suspend all but 24-hours of the 10-day jail sentence in lieu of the defendant attending a alcohol screening program. A first offense will result on the following fine amounts:

  • Base fine amount of $250 along with an additional $200 surcharge
  • A prison construction assessment fine of $500
  • A public safety equipment assessment fine of $500
  • Probation surcharge assessment of $10
  • Arizona Xtra DUI assessment fine of $500

As long as you submitted to a chemical test, a first offense DUI will result in a 90-day license suspension. An ignition interlock restricted license will be granted following the 90-day suspension. The IID device must be installed by a state approved IID installation centerGeneral questions regarding IID's in Arizona. In order to have your license reinstated you will need to provide the MVD with proof of an SR22 insurance policy and filing. You may get both of those by entering your zip code below and completing the simple quote form on the next page.

The court may also order you to attend a state approved traffic school.

Arizona Administrative Driver License Hearing

When you are arrested for DUI in Arizona the arresting officer will confiscate your driver's license and issue you a "Notice of Suspension" that will act as your temporary driver's license for the next 15-days.

Important: According to Arizona DUI laws a person only has 15-days from the date of being arrested on a first offense DUI charge in Arizona in which to request an administrative hearing to challenge the suspension of their driver's license.

If a person fails to request an administrative hearing within the 15-day window no hearing will be granted and the officer's suspension of your license will remain in force. Contact one of our Arizona DUI lawyers today to schedule your administrative hearing and save your license.

As long as the person did not refuse a chemical test, a first offense DUI in Arizona will result in a 90-day driver's license suspension. A restricted license will not be granted during the suspension period if a request for an administrative hearing is not made.

Arizona SR22 Insurance Information & Quotes

All first time DUI offenders in Arizona will be required by the Arizona MVD to carry SR22 insurance for a period of 3-years following the reinstatement of their driver's license or the issuance of a restricted license.

Once you become eligible to have your license reinstated you will need to do the following:

  1. Signup for an Arizona SR22 insurance policy.
  2. Provide a copy of your SR22 insurance filing to the MVD.
  3. Pay a reinstatement fee of $50.

Something to remember regarding your SR22 insurance is that if there is a lapse in your coverage, even for one day, your insurance provider is going to inform the MVD of the lapse and the MVD is going to suspend your license a second time. If this occurs, your 3-year SR22 filing period will begin from the beginning.

The best way to avoid a lapse in coverage is to get multiple SR22 insurance quotes from providers in Arizona to find the lowest possible price from the beginning. By entering your zip code in the box below you will taken to our online quote form where you can fill out our quote form, submit it and receive up to 5 quotes from insurance providers in your area who offer SR22 filings with the Arizona MVD.

how to fight a first offense dui in arizona


Other Arizona DUI Resources

  • Arizona DUI Laws   Complete overview of Arizona's DUI laws, fines and penalties for each DUI offense.

  • 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    Information about our Arizona DUI lawyers.

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