Arizona · DUI · Checked October 2026

Arizona DUI Penalties: First, Second and Third Offense

Arizona DUI Penalties: What Are the Rules?

Arizona sets DUI penalties by offense, and they rise with each conviction.

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
Lookback period
7 years

Arizona DUI Penalties by Offense

DUI penalties in Arizona
PenaltyFirst offenseSecond offenseThird offense
ChargeClass 1 misdemeanorClass 1 misdemeanorClass 4 felony
Jailat 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 monthsat 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 monthsaggravated 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
Fineat least $250, up to $2,500, plus two $500 assessmentsat least $500, up to $2,500, plus two $1,250 assessmentsat least $750, plus assessments of $250, $1,500 and $1,500
License suspension90-day administrative suspension (for an eligible first offense, 30 days suspended followed by 60 days restricted)driving privilege revoked for 1 yeardriving privilege revoked; no new license within 1 year of conviction
Ignition interlockrequired for 12 months if alcohol was involved; MVD may end it after 6 months if you meet the statutory conditionsrequired for 12 months if alcohol was involvedrequired for 24 months

Other First Offense Penalties in Arizona

  • Traffic survival school
  • Community restitution may be ordered
  • Alcohol or drug screening required before reinstatement

Official source: other first offense penalties (Arizona)

Other Second Offense Penalties in Arizona

  • At least 30 hours of community restitution
  • Traffic survival school
  • Eligible for a special ignition interlock restricted driver license

Official source: other second offense penalties (Arizona)

Other Third Offense Penalties in Arizona

  • Alcohol or drug screening, education or treatment ordered by the court
  • Traffic survival school

Official source: other third offense penalties (Arizona)

When Penalties Are Higher in Arizona

  • 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.
  • 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 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 DUI
  • 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 probation

Official source: when penalties are higher (Arizona)

When a DUI Is 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.A.R.S. § 28-1383(A), (O)

Official source: when a dui is a felony (Arizona)

How Far Back Prior Offenses Count in Arizona

7 years. Prior DUI convictions count for repeat-offense penalties if the offenses were committed within 84 months; the dates the offenses were committed decide itA.R.S. § 28-1381(K), (M); A.R.S. § 28-1383(A)(2), (B)

Official source: how far back prior offenses count (Arizona)

More on DUI Law in Arizona

See the full overview of DUI laws in Arizona and read about first-offense DUI penalties across the states.

This page summarizes Arizona law from official sources, checked October 2026. It isn't legal advice; 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).

What Is the Penalty for a Second DUI in Arizona?

Jail: 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. Fine: at least $500, up to $2,500, plus two $1,250 assessments. License suspension: driving privilege revoked for 1 year.

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.

Sources

  1. Penalties: 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)
  2. Penalties: A.R.S. § 28-1383(A)(2), (D), (E), (J), (K), (O); A.R.S. § 28-3319(D)(3)(b)
  3. Penalties: A.R.S. § 28-1382(A)(1), (D), (E); A.R.S. § 28-3319(D)(1)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.