If you have been arrested for driving under the influence in Arizona, understanding the potential penalties is an important first step. Arizona is known for having some of the strictest DUI laws in the country, and the consequences vary depending on the circumstances of your case.
This guide covers the penalty ranges for different levels of DUI charges in Arizona. Every case is different, and the actual outcome depends on the specific facts, your prior record, and the court handling your case. Learn what steps to take immediately after an arrest.
Arizona DUI Charge Levels
Arizona law recognizes several categories of DUI, each carrying different penalty ranges. The charge level depends primarily on your blood alcohol concentration (BAC) and whether you have prior DUI convictions within the past 84 months (7 years).
Standard DUI in Phoenix and Maricopa County (A.R.S. 28-1381)
A standard DUI applies when a driver is impaired to the slightest degree by alcohol or drugs, or has a BAC of 0.08% or higher (0.04% for commercial vehicle operators). For a first offense, the penalty range includes 10 days in jail (9 days may be suspended with completion of screening and treatment), fines and surcharges that typically total approximately $1,500 or more, license suspension of 90 to 360 days, required installation of an ignition interlock device (IID), mandatory alcohol screening and treatment, and community service at the court’s discretion.
A second standard DUI within 84 months carries a minimum of 90 days in jail (with some portion potentially suspended), higher fines, license revocation for one year, 30 hours of community service, and an extended IID requirement.
Extreme DUI (A.R.S. 28-1382)
An extreme DUI applies when a driver’s BAC is 0.15% or higher. First offense penalties include a minimum of 30 consecutive days in jail, fines and surcharges often exceeding $2,500, license suspension of 90 days, an IID for 12 months or more, and mandatory alcohol treatment. A super extreme DUI, with a BAC of 0.20% or higher, carries a minimum of 45 consecutive days in jail for a first offense.
Aggravated (Felony) DUI (A.R.S. 28-1383)
A DUI becomes a Class 4 felony under several circumstances: a third DUI within 84 months, driving on a suspended, revoked, or canceled license, DUI with a passenger under 15 years old, or refusal to submit to a BAC test while an IID is required. Felony DUI carries a minimum of 4 months in the Arizona Department of Corrections for a first aggravated offense, with potential for significantly longer sentences depending on the circumstances.
Additional Consequences Beyond Court Penalties
The court-imposed penalties are only part of the picture. A DUI conviction in Arizona can also result in a permanent criminal record that appears on background checks, increased auto insurance rates (often for several years), potential employment consequences particularly for jobs requiring driving or security clearance, professional licensing complications for healthcare workers, teachers, attorneys, and others, and immigration consequences for non-citizens.
The MVD Administrative Process
Separate from the criminal case, the Arizona Motor Vehicle Division (MVD) conducts its own administrative proceeding regarding your driving privileges. This process runs on a different timeline than the criminal case, and you typically have only 15 days from the date of your arrest to request a hearing. Missing this deadline can result in automatic license suspension regardless of the outcome of your criminal case. Learn more about the full timeline in our guide on what to do after a DUI arrest.
DUI Penalties in Phoenix, Scottsdale, Tempe, and Paradise Valley
While Arizona DUI laws are statewide, the courts in Maricopa County — including Phoenix Municipal Court, Scottsdale City Court, Tempe Municipal Court, and the Maricopa County Superior Court — each have their own local practices and tendencies. Familiarity with these courts can be an important factor when building a defense strategy.
Why Legal Representation Matters
Given the severity of Arizona DUI penalties, having an experienced attorney review your case can make a meaningful difference. An attorney can evaluate whether the traffic stop was lawful, whether field sobriety and chemical tests were properly administered, whether your rights were respected throughout the process, and whether there are grounds to challenge any aspect of the prosecution’s case.
If you are facing DUI charges in Phoenix, Scottsdale, Tempe, Paradise Valley, or anywhere in the Valley, consider speaking with a licensed Arizona DUI attorney about the specific facts of your case.
This article is for general informational purposes only and does not constitute legal advice. DUI laws and penalties are subject to change. Consult a licensed Arizona attorney for advice about your specific situation. See our Disclaimer and Advertising Disclosure.
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