What happens if I get a DUI in Arizona?

Arizona has the toughest DUI penalties in the United States, with mandatory jail for every first offender and tiered "Extreme" and "Super Extreme" enhancements.

1. Per Se BAC Standard

A.R.S. § 28-1381(A)(2) sets standard per se DUI at 0.08% BAC; § 28-1382(A)(1) creates Extreme DUI at 0.15%; § 28-1382(A)(2) creates Super Extreme DUI at 0.20%. Commercial limit is 0.04% under § 28-1381(A)(4); under-21 zero tolerance is 0.00% under § 4-244(34).

2. Implied Consent

A.R.S. § 28-1321 requires submission to chemical testing. A first refusal triggers a 12-month license suspension; second refusal within 84 months is a 24-month suspension. Officers commonly secure a warrant to compel blood draw.

3. First-Offense Penalties

Standard first DUI under § 28-1381(I): 10 days mandatory jail (9 may be suspended with alcohol screening completion), minimum $1,250 base fine plus $1,500+ in surcharges/assessments, 90-day license suspension, mandatory 12-month ignition interlock under § 28-3319, alcohol education, and 30 hours community service. Extreme DUI: 30 days mandatory (9 may be suspended). Super Extreme: 45 days mandatory.

4. Enhancements

Aggravated DUI under § 28-1383 is a Class 4 felony with 4 months mandatory prison for: third DUI in 84 months, DUI on suspended license, DUI with child under 15 in vehicle, or wrong-way driving DUI. Vehicular manslaughter (§ 13-1103) is a Class 2 felony.

5. Administrative License Suspension (ALS)

The MVD issues a 15-day temporary driving permit; you have 15 days to request an MVD hearing or the 90-day suspension takes effect automatically. Hearing is separate from criminal case.

6. Court Process

Arraignment within days, pretrial conferences, motions to suppress (Ariz. R. Crim. P. 16), plea negotiations, and 6-person jury trial in Justice or Municipal Court.

7. Long-Term Consequences

SR-22 insurance for 3 years; federal CDL disqualification for 1 year (49 C.F.R. § 383.51); first DUI may be set aside after sentence completion under A.R.S. § 13-905 but is not expungeable; conviction stays on driving record for 7 years and criminal record permanently.

This is legal information, not legal advice.