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
| 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 |
Other First Offense Penalties in Arizona
- Traffic survival school
- Community restitution may be ordered
- Alcohol or drug screening required before reinstatement
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
Other Third Offense Penalties in Arizona
- Alcohol or drug screening, education or treatment ordered by the court
- Traffic survival school
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
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)
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.