DUI Offenses in Arizona

Typically a person can be charged with up to five (5) different DUI offenses stemming from one DUI arrest depending on the level of alcohol or drug detected. In most cases the person is charged with the “impaired to slightest degree” first and other charges described below are added to the initial charge once the alcohol content is revealed by chemical tests. Chemical tests are blood tests or breathalyzer tests. Blood tests take longer to process because they must be sent to lab and the prosecutor will wait for the results before charging. A person may not know the full extent of the charges until at least three months after the arrest. If drugs are suspected in can take significantly longer.

The charges are described below;

  1. DUI (Slightest Degree Charge) – It is unlawful to drive or be in physical control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor or any combination thereof. R.S. 28-1381
  2. DUI (Legal Limit Charge)-  It is unlawful to drive a motor vehicle with an alcohol blood alcohol concentration (“BAC”) of .08 or more within two hours of driving. R.S. 28-1381
  3. Extreme DUI – It is unlawful to drive a motor vehicle with a BAC of .15 or more within two hours of driving. R.S. 28-1382
  4. Super Extreme DUI: It is unlawful to drive a motor vehicle with a BAC of .20 or more within two hours of driving.  R.S. 28-1382
  5. Aggravated DUI – Committing a DUI offense: 1. while driving privileges are suspended or revoked; or 2. with a passenger of age 15 or less; or 3. with two prior DUI convictions within prior 84 months. R.S. 28-1383
  6. Drug DUI

Each type of DUI in Arizona comes with a different set of penalties and the more severe the DUI, the harsher the consequences. The Arizona MVD classifies DUIs by blood alcohol concentration (BAC) and the specific circumstances of your offense.

A standard DUI is unlawfully driving of a motor vehicle with a BAC of:

  • 0.08% or more.
  • 0.04% or more, if you are driving a commercial vehicle.
  • Any percentage, if you are younger than 21 years old.

An extreme DUI is  unlawfully driving of a motor vehicle with a BAC of 0.15% or higher.

An aggravated DUI is classified as:

  • DUIs committed with a driver’s license that is suspended, revoked, or cancelled.
  • A 3rd offense for DUI within 84 months.
  • A DUI committed while driving with a passenger who is younger than 15 years old.

Each type of DUI in Arizona comes with a different set of penalties and the more severe the DUI, the harsher the consequences.

NOTE: Depending on the judgment of your arresting officer and the discretion of the court, you may still be charged with a DUI even if you have a BAC of less than the legal limits above.

Penalties for DUI Offenses in Arizona

If you commit any DUI offenses, you will face penalties in criminal court AND with the Arizona Motor Vehicle Division.

Your penalties will depend on the DUI offense you are convicted of and any prior DUI convictions on your record.

When you are stopped on suspicion of a DUI by a police officer and either fail or refuse to take the BAC/Intoxilyzer test (note this is not the PBT), the Arizona Motor Vehicle Division will typically suspend your driver’s license (regardless of any criminal findings) on the spot for:

  • 12 months.
    OR
  • 24 months, for a 2nd refusal or failure within 84 months.

You will be required to complete a alcohol/drug screening before you can apply for a restricted driving permit or attempt to reinstate your license after your suspension time is completed. You may be required to enroll in further educational or treatment classes based on your screening results.

Penalties for Standard DUI Offenses

For a 1st offense of a standard DUI, you may face:

  • 10 days in jail.
  • A fine of $1,250.
  • Required completion of an alcohol/drug screening, treatment, and education program.
  • An ignition interlock requirement for every vehicle you drive.
  • Community service.

For a 2nd offense or subsequent offenses, you will likely face:

  • Jail time of at least 90 days.
  • A fine $3,000.
  • A driver’s license revocation for 12 months.
  • Required completion of an alcohol/drug screening, treatment, and education program.
  • An ignition interlock requirement for every vehicle you drive.
  • Community service.

Penalties for Extreme DUI Offenses

For a 1st offense of an extreme DUI, you may face:

  • 30 days in jail.
  • A fine of at least $2,500.
  • Required completion of an alcohol/drug screening, treatment, and education program.
  • An ignition interlock requirement for every vehicle you drive.
  • Community service.

For a 2nd offense (or subsequent offense) of an extreme DUI, you may face:

  • At least 120 days in jail.
  • A fine of at least $3,250.
  • A driver’s license revocation of 12 months.
  • Required completion of an alcohol/drug screening, treatment, and education program.
  • An ignition interlock requirement for every vehicle you drive.
  • Community service.

Penalties for an Aggravated DUI

If you are convicted of an aggravated DUI (driving on suspended license or refusing to submit to BAC test), you will likely face:

  • Up to 2 years in prison.
  • A driver’s license revocation for 1 year.
  • Required completion of an alcohol/drug screening, treatment, and education program.
  • An ignition interlock requirement for every vehicle you drive.
  • Community service.

NOTE: Depending on the circumstances of your DUI and your exact blood alcohol concentration, your penalties may be different from the general penalties listed above.

Long-Term DUI Consequences

Convictions on DUI offenses not only cost you a lot up front; they also cost you money in the long run.

In addition to bail, fines, and other common court costs, you’ll also have to pay:

  • Driver’s license reinstatement fees to the AZ MVD.
  • Higher Arizona car insurance rates.
  • Rental fees for an ignition interlock device, if it’s required.
  • Fees for alcohol education or treatment programs.

Contact Us

Contact our office at 602-952-9000 or by e-mail at info@aboodlawaz.com. We will be pleased to meet with you, review your circumstances, answer questions, and discuss how we can help you.