Arizona DUI Offenses
Arizona has a number of offenses you can be charged with when you are accused of operating a vehicle while under the influence of alcohol or drugs. These range from class 2 misdemeanors to class 1 felonies. These laws apply to cases alleged on or after September 19, 2007. If your case occurred prior to that date, there may be some differences.
This page includes the following DUI offenses:
- DUI - Impaired to the Slightest Degree
- DUI - Driving With a BAC Over 0.08%
- DUI - Driving with Drug Metabolites in Your System
- DUI - Driving Under the Influence in a Commercial Vehicle
- Underage DUI
- Extreme DUI - Driving with BAC over 0.15%
- Super Extreme DUI - Driving with BAC over 0.20%
- Aggravated DUI - DUI with a Child Under the Age of 15 in Vehicle
- Aggravated DUI - DUI with a Suspended License
- Aggravated DUI - DUI with 2 Prior DUIs Within 60 Months
- Vehicular Aggravated Assault
- Vehicular Homicide
DUI - Impaired to the Slightest Degree
Pursuant to § 28-1381A1
You are being accused of driving a vehicle while your ability to drive is impaired to the slightest degree by alcohol, intoxicating vapors or drugs. You can get a DUI for being under the influence of prescription drugs. This offense is a class 1 misdemeanor.
1st Offense:
The minimum penalties for a first offense DUI are 24 hours in jail; fines, surcharges and fees totaling over $955; mandatory alcohol counseling and screening classes; and a 90-day suspension of your driving privileges with the requirement to have an ignition interlock device installed for one year on any vehicle you drive.
2nd Offense:
If you get a second DUI within 7 years of a prior DUI offense, you are subject to the following minimum penalties: 30 days in jail; fines, surcharges and fees totaling over $2155; mandatory alcohol counseling and screening classes; and a one- year revocation of your driving privileges.
DUI - Driving with a BAC Over 0.08%
DUI pursuant to § 28-1381A2
You are being accused of having a blood alcohol concentration over 0.08% within two hours of driving. This offense is a class 1 misdemeanor.
1st Offense:
The minimum penalties for a first offense DUI are 24 hours in jail; fines, surcharges and fees totaling over $955; mandatory alcohol counseling and screening classes; and a 90-day suspension of your driving privileges with the requirement to have an ignition interlock device installed for one year on any vehicle you drive.
2nd Offense:
If you get a second DUI within 7 years of a prior DUI offense, you are subject to the following minimum penalties: 30 days in jail; fines, surcharges and fees totaling over $2155; mandatory alcohol counseling and screening classes; and a one- year revocation of your driving privileges.
DUI - Driving with Drug Metabolites in Your System
Pursuant to § 28-1381A3
You are being accused of driving with the metabolite of an illegal drug in your body. You do not need to be impaired to be charged with this offense, and you do not even need to be under the influence of the substance detected. Many illegal substances stay in your body for days or even weeks. This offense is a class 1 misdemeanor. There is also a mandatory one year driver's license suspension if you are convicted.
1st Offense:
The minimum penalties for a first offense DUI are 24 hours in jail; fines, surcharges and fees totaling over $955; mandatory alcohol counseling and screening classes; and a mandatory one year suspension of your driving privileges with the requirement to have an ignition interlock device installed for one year on any vehicle you drive.
2nd Offense:
If you get a second DUI within 7 years of a prior DUI offense, you are subject to the following minimum penalties: 30 days in jail; fines, surcharges and fees totaling over $2155; mandatory alcohol counseling and screening classes; and a one- year revocation of your driving privileges.
DUI - Driving Under the Influence in a Commercial Vehicle
Pursuant to § 28-1381A4
You are being accused of driving a vehicle that requires a commercial driver’s license with an alcohol concentration over 0.04%. This offense is a class 1 misdemeanor.
1st Offense:
The minimum penalties for a first offense DUI are 24 hours in jail; fines, surcharges and fees totaling over $955; mandatory alcohol counseling and screening classes; and a 90-day suspension of your driving privileges with the requirement to have an ignition interlock device installed for one year on any vehicle you drive.
2nd Offense:
If you get a second DUI within 7 years of a prior DUI offense, you are subject to the following minimum penalties: 30 days in jail; fines, surcharges and fees totaling over $2155; mandatory alcohol counseling and screening classes; and a one- year revocation of your driving privileges.
Underage DUI
Pursuant to § 4-244
You are being accused of having any amount of alcohol in your body while being under 21 years of age and operating a motor vehicle. This offense is a class 2 misdemeanor.
1st Offense:
There are no minimum penalties for Underage DUI except for a mandatory two-year driver’s license revocation.
Extreme DUI - Driving with BAC over 0.15%
Pursuant to § 28-1382
You are being accused of having an alcohol concentration over 0.15% within two hours of driving. This offense is a class 1 misdemeanor.
1st Offense:
The minimum penalties for first offense Extreme DUI are 30 days in jail; fines, surcharges and fees totaling over $1705; mandatory alcohol counseling and screening classes; and a 90-day suspension of your driving privileges with the requirement to have an ignition interlock device installed for one year on any vehicle you drive.
2nd Offense:
The minimum penalties for an Extreme DUI within 7 years of a prior DUI offense are 120 days in jail; fines surcharges and fees totaling over $2405; mandatory alcohol counseling and screening classes; and a one-year revocation of your driving privileges.
Super Extreme DUI - Driving with BAC over 0.20%
Pursuant to § 28-1382
You are being accused of having an alcohol concentration over 0.20% within two hours of driving. This offense is a class 1 misdemeanor.
1st Offense:
The minimum penalties for first offense Super Extreme DUI are 45 days in jail; fines, surcharges and fees totaling over $2155; mandatory alcohol counseling and screening classes; and a 90-day suspension of your driving privileges with the requirement to have an ignition interlock device installed for one year on any vehicle you drive.
2nd Offense:
The minimum penalties for a Super Extreme DUI within 7 years of a prior DUI offense are 180 days in jail; fines surcharges and fees totaling over $2605; mandatory alcohol counseling and screening classes; and a one-year revocation of your driving privileges.
Aggravated DUI - DUI with a Child Under the Age of 15 in Vehicle
Pursuant to § 28-1383A3
You are accused of committing any of the above-listed DUI violations while a person under the age of fifteen years is in the vehicle. This offense is a class 6 felony.
1st Offense:
The minimum penalties for first offense Aggravated DUI with a person under the age of fifteen years in the vehicle are 24 hours in jail; fines surcharges and fees totaling over $1205; mandatory alcohol counseling and screening classes; and a three- year revocation of your driving privileges. You will also lose your rights to vote, hold public office, serve on a jury, and possess firearms.
2nd Offense:
The minimum penalties for second offense Aggravated DUI with a person under the age of fifteen years in the vehicle are 30 days in jail; fines surcharges and fees totaling over $2405; mandatory alcohol counseling and screening classes; and a three-year revocation of your driving privileges. You will also lose your rights to vote, hold public office, serve on a jury, and possess firearms.
3rd Offense:
The minimum penalties for third offense Aggravated DUI with a person under the age of fifteen years in the vehicle are 4 months in prison; fines surcharges and fees totaling over $3105; mandatory alcohol counseling and screening classes; and a three- year revocation of your driving privileges. You will also lose your rights to vote, hold public office, serve on a jury, and possess firearms.
Aggravated DUI - DUI with a Suspended License
Pursuant to § 28-1383A1
You are accused of committing any of the above listed DUI violations while your driver’s license was suspended or revoked for a prior DUI violation. This offense is a class 4 felony.
1st Offense:
The minimum penalties for first offense Aggravated DUI with a suspended or revoked license are 4 months in prison; supervised probation; fines surcharges and fees totaling over $2405; mandatory alcohol counseling and screening classes; and a three year revocation of your driving privileges. You will also lose your rights to vote, hold public office, serve on a jury, and possess firearms.
Aggravated DUI - DUI with 2 Prior DUIs Within 84 Months
Pursuant to § 28-1383A2
You are accused of committing any of the above-listed DUI violations with two prior DUI convictions in the last 7 years. This offense is a class 4 felony.
1st Offense:
The minimum penalties for first offense Aggravated DUI with two prior DUI convictions in the last 7 years are 4 months in prison (if 3 or more prior DUI convictions in the last 7 years, than 8 months in prison); supervised probation; fines surcharges and fees totaling over $3105; mandatory alcohol counseling and screening classes; and a three year revocation of your driving privileges. You will also lose your rights to vote, hold public office, serve on a jury, and possess firearms.
Vehicular Aggravated Assault
Pursuant to § 13-1204
You are accused of intentionally, knowingly or recklessly causing serious physical injury to another person. Usually, in a vehicular case, this involves being in a collision while you are suspected of DUI, although it can also result from a collision involving excessive speeding.
1st Offense:
Up to 18.75 years in prison. You will also lose your rights to vote, hold public office, serve on a jury, and possess firearms.
Vehicular Homicide
Pursuant to §§ 13-1102, 13-1103, or 13-1104
You are accused of negligently, recklessly, or with extreme indifference to human life causing the death of another person. Usually, in a vehicular case, this involves being in a collision while you are suspected of DUI, although it can also result from a collision involving excessive speeding.
1st Offense:
Up to 21 years in prison. You will also lose your rights to vote, hold public office, serve on a jury, and possess firearms.
