Arizona DUI laws set the blood alcohol concentration limit at 0.08% for standard drivers and 0.04% for commercial drivers. A first offense DUI carries a minimum $250 fine and 10 consecutive days in jail, though courts may suspend all but one day for completed alcohol screening. Extreme DUI applies at 0.15% and up. The law also covers implied consent and ignition interlock rules under Arizona Revised Statutes Title 28.
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What Arizona DUI Law Generally Covers
Arizona DUI law makes it illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. Actual physical control means a person can face a DUI charge even while parked with the engine off, as long as they could operate the vehicle. This standard is broader than many states use. Arizona courts apply it based on the vehicle’s location, whether the keys are accessible, and other circumstances surrounding the stop.
The law also uses a standard called impaired to the slightest degree. A person can be charged with DUI even below 0.08% if evidence shows any noticeable impairment of driving ability. Field sobriety test results and an officer’s observations may support this charge, since no minimum concentration applies to this category.
Implied consent is another core concept. Arizona treats every driver on its roads as having already agreed to a blood, breath, or urine test if lawfully arrested for suspected DUI. This consent is automatic under state law and does not require a separate agreement at the time of arrest. Refusing a requested test still carries its own separate legal consequence, addressed later in this article.
Blood Alcohol Concentration Limits By Driver Category
The standard blood alcohol concentration limit for most Arizona drivers is 0.08% within two hours of driving or being in actual physical control of a vehicle. At this level, the law presumes the driver was under the influence of intoxicating liquor. This presumption applies during a trial and shifts the practical weight of evidence toward the prosecution once a qualifying test result is presented in court.
Commercial drivers and vehicle for hire operators face a lower threshold of 0.04%. This category includes drivers who must hold a commercial driver license and drivers of transportation network company vehicles, sometimes called rideshare vehicles. The lower limit reflects the added responsibility tied to operating vehicles that carry passengers or cargo for hire across Arizona roads.
Drivers under 21 face a zero tolerance standard under Arizona Revised Statutes Section 4-244 paragraph 34. Any detectable amount of spirituous liquor in the body while driving or in actual physical control of a vehicle is enough for a charge under this provision. This is a class 1 misdemeanor. There is no equivalent allowance for a small or negligible trace amount for drivers under the legal drinking age.
Arizona law also addresses drug DUI cases separately from alcohol cases. Driving with certain drugs, or their impairing metabolites, in the body is unlawful under Arizona Revised Statutes Section 28-1381. This provision does not require proof that the driver was impaired at the time of driving for every drug category, which makes drug DUI enforcement broader in scope than many drivers expect when comparing it to alcohol related charges.
Penalties For A First Offense DUI
A first offense DUI under Arizona Revised Statutes Section 28-1381 is a class 1 misdemeanor when the blood alcohol concentration falls between 0.08% and 0.149%. The mandatory minimum jail sentence is 10 consecutive days. Courts may suspend all but one day of that sentence if the person completes court ordered alcohol or drug screening, education, or treatment. Community restitution may also apply.
The minimum fine for a first offense standard DUI is $250, with additional assessments of $500 to the Prison Construction and Operations Fund and $500 to the Public Safety Equipment Fund. These assessments are separate from ordinary surcharges and are paid in addition to the base fine. An ignition interlock device installation for one year is required following a first offense conviction under current Arizona law.
Extreme And Super Extreme DUI Penalties
Extreme DUI applies when a blood alcohol concentration measures between 0.15% and 0.199% within two hours of driving. A first extreme DUI offense is a class 1 misdemeanor carrying a mandatory minimum of 30 consecutive days in jail. The minimum fine is $250, plus $250 to the Driving Under the Influence Abatement Fund, $1000 to the Prison Construction and Operations Fund, and $1000 to the Public Safety Equipment Fund.
A blood alcohol concentration of 0.20% or higher is sometimes called super extreme DUI, though it remains charged under the extreme DUI statute at Arizona Revised Statutes Section 28-1382. A first offense at this level carries a minimum 45 consecutive days in jail, though this can be reduced to 9 or 14 days depending on blood alcohol concentration if the person installs an ignition interlock device for 12 months. The minimum fine is $500 plus the same additional assessments.
A second extreme DUI within seven years at 0.15% to 0.199% carries 120 days in jail, with at least 60 consecutive, and a $500 minimum fine. At 0.20% or higher for a second offense, the minimum jumps to 180 days, with no probation or suspension of sentence, and a $1000 minimum fine. Both tiers require license revocation for one year.
Aggravated DUI As A Felony Offense
Aggravated DUI is charged as a class 4 felony in most circumstances under Arizona Revised Statutes Section 28-1383. A person commits aggravated DUI by driving under the influence while their license is suspended, revoked, or restricted. A third or subsequent DUI, extreme DUI, or aggravated DUI violation within 84 months also qualifies, regardless of the blood alcohol concentration involved in that particular incident.
For a third violation within 84 months, the minimum term is 4 months in prison. A subsequent violation after that carries a minimum of 8 months in prison. The minimum fine is $750, along with added assessments to state funds. Driving privileges are revoked for one year, with an ignition interlock device required for two years afterward.
Aggravated DUI also applies when a person under 15 years old is in the vehicle during a DUI or extreme DUI violation. This version of aggravated DUI is charged as a class 6 felony rather than a class 4 felony. The minimum jail sentence is 10 or 30 consecutive days depending on blood alcohol concentration, with the same fine structure and license revocation period as other aggravated DUI violations.
Administrative License Suspension Through MVD
Arizona separates criminal court penalties from an administrative license suspension process handled by the Arizona Department of Transportation Motor Vehicle Division. When an officer arrests a person for DUI, the officer serves an order of suspension and submits a certified report to the Motor Vehicle Division. This administrative process moves independently of whatever happens later in criminal court proceedings.
The driver’s license is suspended 30 days after the order is served unless the person requests a hearing within that period. A timely request stays the suspension until the hearing takes place. If no hearing is requested, or the Motor Vehicle Division upholds the suspension, the license is suspended for at least 90 consecutive days, though eligible drivers may qualify for a shorter restricted period.
This administrative suspension can occur even if the criminal case is later reduced, dismissed, or resolved differently. The two processes use separate standards and separate timelines. A driver facing a DUI arrest generally deals with the Motor Vehicle Division suspension and the criminal court case as two distinct legal tracks, each with its own deadlines and its own path toward resolution or reinstatement of driving privileges.
Implied Consent And Refusal Consequences
Arizona’s implied consent law under Arizona Revised Statutes Section 28-1321 implied consent law means that operating a vehicle on Arizona roads carries automatic agreement to a blood alcohol concentration or drug content test if an officer has reasonable grounds to believe the driver is committing DUI. This consent applies before any arrest occurs and does not require the driver to sign anything at the time of the stop.
Refusing a requested test results in a driver license suspension of 12 months for a first refusal. A second refusal within 84 months increases the suspension to 24 months. This administrative consequence applies regardless of whether the person is ultimately convicted of DUI in criminal court, since the refusal itself triggers the suspension under the implied consent framework rather than a conviction.
Refusing a test does not necessarily stop law enforcement from obtaining evidence. Officers may seek a search warrant authorizing a blood draw even after a refusal, particularly when they believe evidence of impairment would otherwise be lost. A refusal also does not prevent an officer from making an arrest if there is other evidence of impairment, such as field sobriety test performance or physical observations at the scene.
Ignition Interlock Device Requirements
All DUI convictions involving intoxicating liquor require installation of a certified ignition interlock device under current Arizona law. This requirement applies to first offenses as well as repeat and aggravated violations, and there is no exception based on entering a diversion program or pleading guilty to a related lesser charge in most circumstances involving alcohol under the statute.
A first offense standard DUI carries a one year ignition interlock device requirement. Extreme DUI at the 0.15% to 0.199% range also carries a one year requirement for a first offense, while a first offense at 0.20% or higher carries an 18 month requirement. Aggravated DUI convictions carry a two year ignition interlock device requirement that begins after driving privileges are restored following the revocation period.
The device requires a breath sample before the vehicle can start and periodically while the vehicle is running. It must be installed by a provider approved under Arizona Revised Statutes Section 28-1401 special ignition interlock license, and proof of compliance must be submitted to the Motor Vehicle Division on a regular schedule. Failure to submit proof of compliance can result in an extended suspension until compliance is demonstrated.
Drug DUI And The Marijuana Metabolite Exception
Arizona Revised Statutes Section 28-1381 makes it unlawful to drive with certain drugs, or their metabolites, present in the body. For many years, this provision was applied broadly, including to inactive metabolites that remain detectable for extended periods without indicating current impairment. This broad application created uncertainty for drivers using substances legally under other Arizona laws.
In State v. Harris, also referenced in some sources by the defendant’s earlier name Shilgevorkyan, the Arizona Supreme Court addressed a case involving Carboxy-THC, an inactive metabolite of marijuana. The court held that the metabolite reference in the statute is limited to substances capable of causing impairment. An inactive metabolite alone, without evidence it can cause impairment, is not sufficient to sustain a drug DUI conviction under this specific provision.
This ruling does not create a broad exception for driving after marijuana use. Active tetrahydrocannabinol or an impairing metabolite in the body can still support a drug DUI charge under the same statute. The ruling addresses only the narrow category of inactive, non-impairing metabolites and does not change the separate impaired to the slightest degree standard, which can still apply if evidence shows actual impairment while driving.
State By State Variations In DUI Law
DUI laws vary significantly across the United States, and Arizona is generally considered among the stricter frameworks nationally. Many states set the standard blood alcohol concentration limit at 0.08%, similar to Arizona, but differ in how they define actual physical control, how aggressively they pursue plea reductions, and whether ignition interlock devices are mandatory for every conviction rather than only repeat or aggravated cases.
Arizona’s approach of prohibiting the state from dismissing all DUI charges without an insufficient legal or factual basis is one feature that distinguishes it from some other states that allow broader prosecutorial discretion in plea negotiations. Readers researching DUI consequences outside Arizona should not assume these specific penalty structures, fine amounts, or ignition interlock timelines apply uniformly in other states.
Common Misconceptions About Arizona DUI Law
A common misconception is that refusing a breathalyzer prevents any evidence of impairment from being collected. In practice, refusal triggers its own separate license suspension and does not stop an officer from seeking a warrant for a blood draw or from making an arrest based on other observed evidence, such as field sobriety test results or statements made during the stop.
Another misconception is that every DUI in Arizona is a felony. Most first and second DUI violations are charged as class 1 misdemeanors under Arizona Revised Statutes Section 28-1381 or 28-1382. Aggravated DUI becomes a felony only under specific circumstances defined in Arizona Revised Statutes Section 28-1383, such as a suspended license, a third violation within 84 months, or a minor passenger in the vehicle.
Some drivers also assume that Arizona’s marijuana legalization under a separate ballot measure eliminates drug DUI risk entirely. The metabolite ruling discussed earlier narrows liability for inactive metabolites specifically, but it does not eliminate liability where active impairing substances or evidence of impairment while driving are present. Readers can review the Arizona Governor’s Office of Highway Safety DUI laws summary for an official statutory overview.
Laws and enforcement may change, and the penalty figures above reflect the Arizona Senate Research Staff DUI Laws and DUI Courts issue brief current as of its publication. Readers should verify current rules with official state sources before relying on any figure. See the Disclaimer below for more on how this information is intended to be used.
Disclaimer
This article is for general informational purposes only. It is not legal advice. Lawwalls publishes informational content only and does not provide legal services or legal advice.
For legal advice about your specific situation contact a licensed attorney in your state. Laws change and vary by jurisdiction. Verify current rules with official government sources or a qualified lawyer.