Arizona DUI Laws & Drunk Driving Penalties

Overview of the penalties upon conviction of DUI in Arizona

Arizona DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.

If you've been charged with DUI in Arizona, the law allows only 15 days for an Arizona DUI Lawyer to make a request with the Arizona Department of Transportation (MVD) for a hearing to help save your drivers license.

What are the penalties for DUI in Arizona?

The penalties for driving under the influence in Arizona will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

AZ DUI Penalties

Arizona is a state with a 7 year (84 months) 'washout period' also known as a 'look back period'

OUT OF STATE CONVICTIONS
Under Arizona state law any acts or convictions that were committed in other jurisdictions or states, that if committed in Arizona would constitute a violation of Arizona's DUI laws can be counted as prior convictions.

AGGRAVATED DUI: Fines, surcharges, fees, jail time and ignition interlock orders will be increased for aggravated DUI's. The following are classed as aggravated DUI's:

1) A DUI when a persons drivers license or privilege to drive is suspended, revoked or restricted
2) A third or subsequent DUI conviction within a period of 7 years (84 months)
3) When a minor under the age of 15 is in the vehicle at the time of the DUI offense
4) Having a BAC (blood alcohol content) of 0.15% or more - EXTREME DUI

1st DUI Offense / Conviction - Class 1 Misdemeanor

The penalty upon conviction of a first DUI offense in Arizona:

BAC between 0.08% and less than 0.15%

• Fines & Charges: $250 (base fine) + $210 (84% surcharge) + $20 (probation surcharge) + $500 (prison construction assessment) + $500 (public safety equipment fee) = TOTAL: $1,480
• Imprisonment: minimum 10 consecutive days (1 day mandatory jail time, the rest may be suspended if alcohol screening, education and/or treatment is completed)
• Drivers License Suspension: no less than 90 day drivers license suspension (ignition interlock restricted drivers license available immediately)
• Ignition Interlock: upon reinstatement of driving privileges the court may order an ignition interlock restriction for a minimum period of 12 months (may be reduced to 6 months if certain conditions are met)
• up to 5 years probation
• mandatory alcohol screening / education / treatment
• possible forfeiture of vehicle
• possible community restitution
• 8 points assessed against driving record
• AZ SR22 Insurance (proof of financial responsibility) Requirement

BAC between 0.15% and less than 0.20% (EXTREME DUI)

• Fines & Charges: $250 (base fine) + $210 (84% surcharge) + $20 (probation surcharge) + $1000 (prison construction assessment) + $1000 (public safety equipment fee) + $250 (DUI abatement fee) = TOTAL: $2,730
• Imprisonment: minimum 30 consecutive days (all but 9 days may be suspended if an ignition interlock is used for a period of 12 months)
• Drivers License Revocation: minimum 1 year drivers license revocation (may be able to apply for an ignition interlock restricted drivers license after 45 days)
• Ignition Interlock: upon reinstatement of driving privileges the court may order an ignition interlock restriction for a minimum period of 12 months
• up to 5 years probation
• mandatory alcohol screening / education / treatment
• possible forfeiture of vehicle
• possible community restitution
• 8 points assessed against driving record
• AZ SR22 Insurance (proof of financial responsibility) Requirement

BAC 0.20% or more (EXTREME DUI)

• Fines & Charges: $500 (base fine) + $420 (84% surcharge) + $20 (probation surcharge) + $1000 (prison construction assessment) + $1000 (public safety equipment fee) + $250 (DUI abatement fee) = TOTAL: $3,190
• Imprisonment: minimum 45 consecutive days (all but 14 days may be suspended if an ignition interlock is used for a period of 12 months)
• Drivers License Revocation: minimum 1 year drivers license revocation (may be able to apply for an ignition interlock restricted drivers license after 45 days)
• Ignition Interlock: upon reinstatement of driving privileges the court may order an ignition interlock restriction for a minimum period of 18 months
• up to 5 years probation
• mandatory alcohol screening / education / treatment
• possible forfeiture of vehicle
• possible community restitution
• 8 points assessed against driving record
• AZ SR22 Insurance (proof of financial responsibility) Requirement

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2nd DUI Offense / Conviction - Class 1 Misdemeanor

The penalty upon conviction of a second DUI offense in Arizona:

BAC between 0.08% and less than 0.15%

• Fines & Charges: $500 (base fine) + $420 (84% surcharge) + $20 (probation surcharge) + $1,250 (prison construction assessment) + $1,250 (public safety equipment fee) = TOTAL: $3,440
• Imprisonment: minimum 90 days (30 consecutive days mandatory jail time, the rest may be suspended if alcohol screening, education and/or treatment is completed)
• Drivers License Revocation: minimum 1 year revocation (may be able to apply for ignition interlock restricted drivers license after 45 days)
• Ignition Interlock: upon reinstatement of driving privileges the court will order an ignition interlock restriction for a minimum period of 12 months
• up to 5 years probation
• mandatory alcohol screening / education / treatment
• possible forfeiture of vehicle
• mandatory minimum 30 hours community restitution
• 8 points assessed against driving record
• AZ SR22 Insurance (proof of financial responsibility) Requirement

BAC between 0.15% and less than 0.20% (EXTREME DUI)

• Fines & Charges: $500 (base fine) + $420 (84% surcharge) + $20 (probation surcharge) + $1250 (prison construction assessment) + $1250 (public safety equipment fee) + $250 (DUI abatement fee) = TOTAL: $3,690
• Imprisonment: minimum 120 days (60 days must be consecutive, none can be suspended)
• Drivers License Revocation: minimum 1 year drivers license revocation (may be able to apply for an ignition interlock restricted drivers license after 45 days)
• Ignition Interlock: upon reinstatement of driving privileges the court will order an ignition interlock restriction for a minimum period of 12 months
• up to 5 years probation
• mandatory alcohol screening / education / treatment
• possible forfeiture of vehicle
• mandatory minimum 30 hours community restitution
• 8 points assessed against driving record
• AZ SR22 Insurance (proof of financial responsibility) Requirement

BAC 0.20% or more (EXTREME DUI)

• Fines & Charges: $1000 (base fine) + $840 (84% surcharge) + $20 (probation surcharge) + $1250 (prison construction assessment) + $1250 (public safety equipment fee) + $250 (DUI abatement fee) = TOTAL: $4,610
• Imprisonment: minimum 180 days (90 days must be consecutive, none can be suspended)
• Drivers License Revocation: minimum 1 year drivers license revocation (may be able to apply for an ignition interlock restricted drivers license after 45 days)
• Ignition Interlock: upon reinstatement of driving privileges the court will order an ignition interlock restriction for a minimum period of 24 months
• up to 5 years probation
• mandatory alcohol screening / education / treatment
• possible forfeiture of vehicle
• mandatory minimum 30 hours community restitution
• 8 points assessed against driving record
• AZ SR22 Insurance (proof of financial responsibility) Requirement

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A third or subsequent DUI within 7 years of previous DUI's is a felony and classed as 'aggravated DUI'

3rd DUI Offense / Conviction - Class 4 Felony

AGGRAVATED DUI

The penalty upon conviction of a third DUI offense in Arizona:

• Fines & Charges: $750 (base fine) + $630 (84% surcharge) + $20 (probation surcharge) + $1500 (prison construction assessment) + $1500 (public safety equipment fee) + $250 (DUI abatement fee) = TOTAL: $4,650
• Imprisonment: minimum 4 months jail time (all 4 months must be consecutive, none can be suspended)
• Drivers License Revocation: 3 years drivers license revocation
• Ignition Interlock: upon reinstatement of driving privileges the court will order an ignition interlock restriction for a minimum period of 24 months
• possible forfeiture of vehicle
• up to 5 years probation
• mandatory alcohol screening / treatment
• 8 points assessed against driving record
• AZ SR22 Insurance (proof of financial responsibility) Requirement

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Implied Consent (Chemical Testing) Laws

In Arizona any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their system. It is an offense to refuse to submit or fail to complete a chemical test when required to do so.

Chemical Test Refusal Penalties - Arizona

First Chemical Test Refusal

• Drivers License Revocation: 1 year drivers license revocation (may be eligible for ignition interlock restricted drivers license after 90 days)
• mandatory alcohol and/or drug screening to regain driving privileges after revocation
• AZ SR22 Insurance (proof of financial responsibility) Requirement

Second (& subsequent) Chemical Test Refusal

• Drivers License Revocation: minimum 2 year drivers license revocation
• mandatory alcohol and/or drug screening to regain driving privileges after revocation
• AZ SR22 Insurance (proof of financial responsibility) Requirement

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What is the legal alcohol limit in Arizona

The maximum legal BAC (blood alcohol content) limits in Arizona for driving are as follows:

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Arizona it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Arizona it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 - BAC LIMIT = 0.00%
In the State of Arizona it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.00% or more, by weight, of alcohol in his/her blood.

It is an offense to refuse to submit to a chemical test in Arizona and implied consent laws are enforced.