Arizona DUI Laws

Arizona's per-se limit is 0.08: a blood or breath alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control (A.R.S. §28-1381(A)(2)). But you can be charged below 0.08 — §28-1381(A)(1) prohibits driving while impaired 'to the slightest degree' by liquor, any drug, or a vapor-releasing substance, and that theory needs no BAC number at all, so a driver who blew under 0.08 or who refused testing is not automatically clear. The statute actually lists five theories: slightest-degree impairment (A)(1), 0.08 per se (A)(2), any §13-3401-listed drug or its metabolite (A)(3), 0.04 for a commercial vehicle (A)(4), and 0.04 for a vehicle-for-hire or rideshare driver (A)(5). A reading of 0.15 or more is its own separate, more serious offense — see arizona-faq-2.

Arizona makes a high BAC its own named per-se offense, not just a sentencing factor. Under §28-1382(A)(1), Extreme DUI is a BAC of 0.15 or more but less than 0.20 within two hours of driving; under §28-1382(A)(2), Super Extreme DUI is 0.20 or more. Each carries a higher mandatory-minimum jail floor than a standard DUI — a first Extreme starts at 30 consecutive days and a first Super Extreme at 45 consecutive days (§28-1382(D)(1)) — plus a longer ignition interlock (12 months for Extreme, 18 months for a first Super Extreme). A judge may suspend all but 9 days (Extreme) or all but 14 days (Super Extreme) only if you equip a certified interlock for 12 months (§28-1382(I)). The tiers also stack on the prior-offense count — a second Extreme/Super Extreme is worse again (see arizona-faq-6).

Two different theories reach a drug DUI. Under §28-1381(A)(1) it is a DUI to drive while impaired to the slightest degree by any drug (including a drug-plus-alcohol combination), which the State must prove. Separately, under §28-1381(A)(3) it is a DUI to drive with any drug listed in A.R.S. §13-3401 or its metabolite in your body — a strict-presence rule that needs no proof of impairment, but it reaches only §13-3401 drugs. The defenses differ by prong: being legally entitled to use a drug is NOT a defense to the (A)(1) impairment charge (§28-1381(B)), but using a drug exactly as prescribed by a licensed practitioner IS a defense to the (A)(3) strict-presence charge (§28-1381(D)). A drug DUI is graded as a standard §28-1381 class 1 misdemeanor — there is no Extreme/Super Extreme analog for drugs.

Arizona has a true zero-tolerance rule for drivers under 21, and it lives in the liquor code, not the DUI chapter: A.R.S. §4-244(34) makes it unlawful for a person under 21 to drive or be in actual physical control of a vehicle while there is any spirituous liquor in the person's body. That is an any-amount rule — a single drink can trigger it — not a measured numeric BAC limit, so there is no separate under-21 BAC number. It does not displace the adult sections: an under-21 driver who is impaired or measures 0.08 or more can also be charged under §28-1381 or §28-1382. A driver under 18 who is convicted faces a two-year license suspension for a §4-244(34)/§28-1381/§28-1382 offense, or three years for Aggravated DUI (§28-3320(A)); the implied-consent law reaches under-21 stops through §28-1321(A)(2).

First-offense penalties ladder by BAC tier — they are not a single number. A standard first DUI (§28-1381) carries a mandatory minimum of 10 consecutive days in jail and a fine of not less than $250 plus two $500 assessments; the judge may suspend all but 1 day if you complete court-ordered alcohol screening and treatment (§28-1381(I), (J)). A first Extreme DUI floors at 30 consecutive days and a first Super Extreme at 45 consecutive days (§28-1382(D)(1)); those can be cut to 9 or 14 days only if you equip a certified interlock for 12 months (§28-1382(I)). You are not eligible for probation unless the entire mandatory sentence is served, and an ignition interlock (12 months standard/Extreme, 18 months Super Extreme) plus traffic survival school apply. License loss runs on a separate track — see arizona-faq-9.

A second DUI within 84 months sharply raises every tier's floor and adds a one-year license revocation. A standard second offense is at least 90 days in jail, 30 of them served consecutively (§28-1381(K)(1)); a second Extreme is 120 days (60 consecutive) and a second Super Extreme is 180 days (90 consecutive) under §28-1382(E)(1), with higher fines and 30 hours of community restitution. The driving privilege is revoked for one year (§28-1381(K)(4)/§28-1382(E)(5); §28-3304(A)(9)), and a special ignition interlock restricted license becomes available only after 45 days of the revocation (§28-1381(O)/§28-1382(H)). Watch the boundary: a third DUI within 84 months is no longer an ordinary second offense — it re-routes to felony Aggravated DUI under §28-1383(A)(2) (see arizona-faq-8).

Arizona counts prior DUIs within an 84-month (7-year) window, measured by the dates the offenses were committed — not the order of convictions (§28-1381(M), §28-1382(F), §28-1383(B)). Do not confuse this with the 36-month figure in §28-1381(E): that is a charging rule requiring the State to allege priors from the past 36 months, not the lookback period — §28-1387(A) confirms a qualifying conviction may enhance a sentence so long as it falls within the 84-month provision. The window is also tolled: time spent incarcerated or as a probation absconder is excluded when computing the 84 months (§28-1383(B)), so an older prior can still count.

A standard, Extreme, or Super Extreme DUI is a misdemeanor; a DUI becomes a felony — Aggravated DUI under §28-1383 — when any of five categorical triggers is present: (1) driving on a suspended, cancelled, revoked, or refused license or under a DUI restriction; (2) a third or subsequent DUI within 84 months; (3) a passenger under 15 in the vehicle; (4) driving while ordered or required to have an ignition interlock; or (5) driving the wrong way on a highway. Triggers (1), (2), (4), and (5) are class 4 felonies and trigger (3) is a class 6 felony (§28-1383(O)). Crucially, four of the five — (1), (3), (4), and (5) — apply regardless of how many prior DUIs you have, so a DUI on a suspended license is a felony even on what would otherwise be a first offense; only trigger (2) depends on the prior count. Prison floors are a minimum of 4 months for (A)(1), (A)(5), and an (A)(2) case with two priors, and 8 months for an (A)(2) case with three or more priors (§28-1383(D)/(E)); a felony conviction triggers mandatory revocation with no new license for at least one year (§28-3304; §28-1383(J)).

Arizona splits license loss across separate clocks that can each attach to the same arrest. Administratively, the MVD suspends your license for 90 days based on the test result alone — 0.08+, 0.04 for a commercial or for-hire driver, or any §13-3401 drug — before any conviction (§28-1385(H)); that 90-day suspension can be reduced to a 30-day suspension plus 60 days of restricted driving (or a special interlock license in lieu) only if there was no death or serious injury, no §4-244(34)/§28-1381/§28-1382/§28-1383 conviction within 84 months measured from the date of commission, and you complete screening (§28-1385(I)/(J)). Separately, a conviction triggers a post-conviction suspension of at least 90 days (§28-1387(D)) unless you were already suspended administratively. A second DUI within 84 months is a one-year revocation (§28-1381(K)(4)/§28-1382(E)(5)), and Aggravated DUI or a third-or-subsequent offense triggers mandatory revocation under §28-3304. Refusal (arizona-faq-12) and the special interlock license (arizona-faq-10) are additional tracks.

Arizona's relief is the special ignition interlock restricted driver license (SIIRL) under §28-1401, which lets you drive a vehicle equipped with a certified interlock during a suspension or revocation if you qualify. It is limited: it is available only when the offense involved only alcohol (or, at a BAC of 0.08 or more, a combination of drugs and alcohol) — a drug-only DUI does not qualify — and only for the suspensions/revocations §28-1401(A) enumerates. Eligibility timing differs by track: after the §28-1385 administrative path (§28-1385(J)), after 45 days of a second-offense revocation (§28-1381(O)/§28-1382(H)), or after the §28-1385 period for an under-15 Aggravated DUI (§28-1383(L)). The SIIRL is a conditional grant, not an entitlement — you install and maintain the device at your own expense and report compliance every 90 days (§28-1461).

Arizona requires a certified ignition interlock device after essentially every alcohol-involved DUI, with the duration keyed to the tier and prior count under §28-3319(D): 12 months for a standard §28-1381 or first Extreme DUI (and certain repeat standard/Extreme cases), 18 months for a first Super Extreme, and 24 months for a Super Extreme with a prior or for Aggravated DUI. There is a substance-class split: for an alcohol-involved conviction the department 'shall require' the device — it is mandatory — but for a drug-only DUI the interlock is court-ordered/discretionary under §28-1381(P) and §28-1383(M). The interlock period begins when you complete screening and are otherwise eligible to reinstate, not at conviction (§28-3319(F)); you pay for the device and report compliance every 90 days (§28-1461), and a monthly-screening substitute is available for a qualifying medical condition (§28-3319(E)).

Under Arizona's implied-consent law (§28-1321), refusing the requested breath, blood, or other chemical test triggers an administrative license suspension — 12 months for a first refusal, or 2 years for a second or subsequent refusal within 84 months (§28-1321(B), (G)(3)) — imposed by the MVD independent of how the criminal case turns out. Refusal is not a separate crime in Arizona (unlike some states), and it does not avoid a DUI prosecution: the State can still proceed on the impairment theory and on a sample obtained by warrant, and your refusal itself is admissible as evidence against you (§28-1388(D)). After a refusal the test is not given except pursuant to a search warrant or as provided in §28-1388(E) (§28-1321(D)(1)) — the post-Birchfield/McNeely warrant posture. The special interlock restricted license is barred for a second-or-subsequent refusal within 84 months (§28-1321(P)). This refusal suspension is a separate clock from the §28-1385 administrative-per-se suspension (see arizona-faq-9).