Arizona · DUI · Checked October 2026
DUI Laws in Arizona
What Happens if You Get a DUI in Arizona?
Arizona calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 30 days to challenge your license suspension
- First offense jail
- At least 10 consecutive days; the judge may suspend all but 1 day if you complete court-ordered alcohol or drug screening, education or treatment; up to 6 months
- First offense fine
- At least $250, up to $2,500, plus two $500 assessments
- First offense license
- 90-day administrative suspension (for an eligible first offense, 30 days suspended followed by 60 days restricted)
- Felony
- A third DUI within 84 months is aggravated DUI, a class 4 felony. DUI on a suspended, revoked or restricted license, while required to use an interlock, or driving the wrong way is also a class 4 felony; DUI with a child under 15 in the vehicle is a class 6 felony
Arizona DUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACA.R.S. § 28-1381(A); A.R.S. § 28-1382(A); A.R.S. § 4-244(34)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0 BAC (any spirituous liquor in the body while driving if under 21)
- Enhanced penalties from
- 0.15 BAC
- Lookback period
- 7 years
- Insurance filing
- SR-22, 3 years from the end date of your suspension
Arizona DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | Class 1 misdemeanor | Class 1 misdemeanor | Class 4 felony |
| Jail | at least 10 consecutive days; the judge may suspend all but 1 day if you complete court-ordered alcohol or drug screening, education or treatment; up to 6 months | at least 90 days within 84 months of a prior, 30 of them consecutive; the judge may suspend all but 30 days if you complete court-ordered treatment; up to 6 months | aggravated DUI: at least 4 months in prison when you have two prior DUI convictions within 84 months; at least 8 months with three or more priors |
| Fine | at least $250, up to $2,500, plus two $500 assessments | at least $500, up to $2,500, plus two $1,250 assessments | at least $750, plus assessments of $250, $1,500 and $1,500 |
| License suspension | 90-day administrative suspension (for an eligible first offense, 30 days suspended followed by 60 days restricted) | driving privilege revoked for 1 year | driving privilege revoked; no new license within 1 year of conviction |
| Ignition interlock | required for 12 months if alcohol was involved; MVD may end it after 6 months if you meet the statutory conditions | required for 12 months if alcohol was involved | required for 24 months |
First offense: A.R.S. § 28-1381(C), (I), (J); A.R.S. § 13-707(A)(1); A.R.S. § 13-802(A); A.R.S. § 28-1385(H), (I); A.R.S. § 28-3319(D)(1), (H) · Second offense: A.R.S. § 28-1381(K), (L), (O); A.R.S. § 28-3319(D)(1)(b) · Third offense: A.R.S. § 28-1383(A)(2), (D), (E), (J), (K), (O); A.R.S. § 28-3319(D)(3)(b)
When Penalties Are Higher
- Extreme DUI: BAC 0.15 to under 0.20 within two hours of driving: First offense: at least 30 consecutive days in jail, fine of at least $250 plus $250 and two $1,000 assessments, interlock for 12 months. Second within 84 months: at least 120 days (60 consecutive), fine of at least $500, 1-year revocation.A.R.S. § 28-1382(A)(1), (D), (E); A.R.S. § 28-3319(D)(1)
- Super extreme DUI: BAC 0.20 or more within two hours of driving: First offense: at least 45 consecutive days in jail, fine of at least $500, interlock for 18 months. Second within 84 months: at least 180 days (90 consecutive), fine of at least $1,000, 1-year revocation, interlock for 24 months.A.R.S. § 28-1382(A)(2), (D), (E); A.R.S. § 28-3319(D)(2), (D)(3)(a)
- A child under 15 in the vehicle: Aggravated DUI, a class 6 felony, with at least the minimum jail term of the underlying DUI or extreme DUIA.R.S. § 28-1383(A)(3), (F), (G), (O)
- Driving on a suspended, revoked or restricted license, while required to have an interlock, or the wrong way on a highway: Aggravated DUI, a class 4 felony; suspended-license and wrong-way cases carry at least 4 months in prison before probationA.R.S. § 28-1383(A)(1), (4), (5), (D), (O)
More on Arizona DUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
License suspended for 12 months, or 2 years for a second or subsequent refusal within 84 months. The suspension takes effect 30 days after the order is served unless you request a hearing in time.A.R.S. § 28-1321(B), (F)
Official source: if you refuse a breath or blood test in Arizona
Getting a Special Ignition Interlock Restricted Driver License
Available instead of an administrative suspension for an eligible first offense, after a first refusal once alcohol or drug screening is done, and after a second-offense revocation; you must keep a working interlock. Taking it waives the administrative hearing.
Official source: getting a special ignition interlock restricted driver license in Arizona
Ignition Interlock
First offense: 12 months for a first DUI involving alcohol (may end after 6 months if conditions are met); 18 months for a first super extreme DUI (0.20+) Repeat offenses: 12 months for a second standard DUI within 84 months; 24 months for a second 0.20+ DUI or for aggravated DUI The requirement starts when you finish screening, education or treatment and are otherwise eligible to reinstate. Install within 30 days of conviction. Removing the device early suspends your license and restarts the requirement.
Can a DUI Come Off Your Record?
You can apply to have a DUI judgment set aside after completing your sentence, and you can petition to seal the case records Waiting period: Sealing: 3 years for a class 1 misdemeanor and 5 years for a class 4, 5 or 6 felony, counted after you complete all nonmonetary terms of your sentence A set-aside conviction can still be used by ADOT for license actions and to enhance a later DUI sentence. Sealed DUI records can still be disclosed when you apply for a job driving a vehicle, boat or airplane.
Drivers Under 21
Under 21, it is illegal to drive or be in physical control of a vehicle with any spirituous liquor in your body Class 1 misdemeanor; a driver under 18 convicted of this or of DUI loses their license for 2 years
Driving After Using Drugs
Yes. The DUI statute covers impairment to the slightest degree by any drug or vapor-releasing toxic substance, and driving with any listed drug or its metabolite in your body, unless you use it as a licensed practitioner prescribed
More on DUI Law in Arizona
For the state's own guidance, see ADOT MVD: License revocation and suspension.
This page summarizes Arizona law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Arizona can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Arizona?
Jail: at least 10 consecutive days; the judge may suspend all but 1 day if you complete court-ordered alcohol or drug screening, education or treatment; up to 6 months. Fine: at least $250, up to $2,500, plus two $500 assessments. License suspension: 90-day administrative suspension (for an eligible first offense, 30 days suspended followed by 60 days restricted).
How Long Do You Have to Request a License Hearing in Arizona?
30 days. How it is counted: the date of the suspension notice (the order served by the officer or the notice mailed by MVD); the request must be received by MVD within that time. Fill out and mail the hearing request form given with the order of suspension, or submit an online request; a summary review can be requested instead of a hearing before the suspension takes effect. If you miss it, the suspension usually takes effect automatically.
When Is a DUI a Felony in Arizona?
A third DUI within 84 months is aggravated DUI, a class 4 felony. DUI on a suspended, revoked or restricted license, while required to use an interlock, or driving the wrong way is also a class 4 felony; DUI with a child under 15 in the vehicle is a class 6 felony.
Do You Need an SR-22 After a DUI in Arizona?
Yes. How long: 3 years from the end date of your suspension. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.
Sources
- Blood alcohol limits: A.R.S. § 28-1381(A); A.R.S. § 28-1382(A); A.R.S. § 4-244(34)
- Penalties: A.R.S. § 28-1383(A)(2), (D), (E), (J), (K), (O); A.R.S. § 28-3319(D)(3)(b)
- Penalties: A.R.S. § 28-1382(A)(1), (D), (E); A.R.S. § 28-3319(D)(1)
- License suspension and hearing: A.R.S. § 28-1385(D), (G)(2)(c), (H), (I), (P); A.R.S. § 28-1321(B), (F), (G)
- Implied consent: A.R.S. § 28-1321(B), (F)
- Ignition interlock
- Insurance filing
- Record and expungement
- Underage drivers
- Official DUI information