DUI Laws in Arizona (DUI)

Overview

Arizona is widely regarded as having among the harshest DUI penalties in the United States. The state has mandatory jail time for every DUI conviction — including first offenses — and distinguishes between regular DUI, Extreme DUI (BAC 0.15-0.199%), and Super Extreme DUI (BAC 0.20%+), with escalating mandatory minimums at each tier. Arizona also employs a unique 'no-tolerance' approach, allowing charges even when BAC is below 0.08% if the driver is 'impaired to the slightest degree.' The state's aggressive IID requirements, high fines, and mandatory screening make Arizona one of the toughest states for DUI enforcement.

Official term: DUI

BAC Limits

Penalties by Offense

Felony threshold: 3rd DUI within 84 months (7 years), OR any DUI while license is suspended/revoked for a prior DUI, OR any DUI with a child under 15 in the vehicle. Lookback period: 84 months (7 years) — Arizona counts prior DUI convictions within the past 84 months for repeat-offender penalties and felony aggravated DUI charging.

Additional Penalty Details

Implied Consent Law

Under Arizona Revised Statutes Section 28-1321, any person operating a motor vehicle in Arizona gives consent to testing of breath, blood, or other bodily substances for alcohol or drug content when requested by a law enforcement officer who has reasonable grounds to believe the person is DUI. Arizona passed a 2019 law requiring a warrant for blood draws in most circumstances, but breath tests are still conducted under implied consent.

Refusal penalties: Refusing a chemical test results in an automatic 12-month license suspension for a first refusal and a 2-year suspension for a second refusal within 84 months. The refusal does not prevent the officer from obtaining a warrant for a blood draw. The suspension is independent of any DUI charges and is imposed administratively by MVD. The refusal can also be used as evidence of consciousness of guilt in court.

Aggravating Factors

DUI with Injury

Classification: Aggravated Assault (Class 3 Felony) for serious physical injury; Manslaughter (Class 2 Felony) for death

Aggravated assault (DUI causing serious injury): 2.5 to 8.75 years in prison for a first felony offense, with presumptive sentence of 5 years. Manslaughter (DUI causing death): 3 to 12.5 years for a first offense, with presumptive sentence of 7.5 years. Second-degree murder charges may be filed if the driver has prior DUI convictions, carrying 10 to 22 years. All convictions include mandatory restitution to victims, license revocation, and felony probation.

Underage DUI

Drivers under 21 with any detectable BAC face a mandatory 2-year license suspension (or until age 21, whichever is longer) for a first offense. A subsequent offense results in license revocation until age 21. If the BAC is 0.08% or higher, the underage driver is charged under the standard DUI statute with all adult penalties. Underage DUI convictions can also result in community service, mandatory substance abuse screening and treatment, and impact on college admissions and employment. Arizona's zero-tolerance law is one of the strictest in the nation.

Diversion Programs

Program: DUI Diversion / Deferred Prosecution (limited availability by county)

Some Arizona counties, particularly Maricopa County, offer limited diversion or deferred prosecution programs for first-time DUI offenders. The Maricopa County program requires completion of DUI school, substance abuse treatment, community service, and a period of monitored sobriety. Successful completion results in dismissal of the charge. However, availability is limited and at the prosecutor's discretion. Arizona also operates DUI courts in several counties for repeat offenders with substance abuse issues.

Eligibility: Generally limited to first-time DUI offenders with BAC below 0.15%, no aggravating factors (no minors in vehicle, no accident, no injury), no prior criminal record, and a willingness to complete all program requirements. The county attorney has full discretion. Not available in all counties. DUI Court (for repeat offenders) requires documented substance abuse disorder and agreement to intensive supervision for 12-24 months.

How Long a DUI Stays on Your Record

A DUI conviction remains on your Arizona criminal record permanently. Arizona does not allow expungement of criminal convictions but does allow 'setting aside' a conviction under ARS 13-905 after completing all sentence terms. A set-aside does not erase the conviction but adds a notation that the case has been dismissed. The DUI conviction remains on your MVD driving record for at least 5 years and may affect insurance rates for 3-5 years. For repeat-offense calculations, Arizona uses an 84-month (7-year) lookback period.

Key Statutes

A.R.S. Section 28-1381

Standard DUI statute — driving or physical control of a vehicle while impaired to the slightest degree or with BAC of 0.08% or more; establishes misdemeanor penalties

A.R.S. Section 28-1382

Extreme DUI statute — BAC of 0.15% or more; establishes enhanced mandatory minimum jail time and fines above standard DUI

A.R.S. Section 28-1383

Aggravated DUI statute — felony DUI for third offense within 84 months, DUI on suspended license, DUI with minor under 15, or wrong-way DUI; establishes mandatory prison sentences

A.R.S. Section 28-1321

Implied consent law — consent to chemical testing; refusal penalties including license suspension; warrant requirements for blood draws

A.R.S. Section 28-1385

Administrative per se / license suspension — automatic MVD license suspension procedures following DUI arrest or chemical test failure/refusal

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