Arizona DUI Law

Of the 1,133 traffic fatalities on Arizona’s highways in 2004, 322 of them involved a driver who had a blood alcohol concentration of .08 or greater.  183 of those deaths involved a driver who had very high alcohol concentration - .16 or greater.

Legal Limits

In Arizona, it is illegal to drive with a blood alcohol concentration of .08 or greater.  A blood alcohol concentration of .15 or greater is considered “under the extreme influence of intoxicating liquor” and is punished more severely.

It is illegal for commercial drivers to have a blood alcohol concentration of .04 or greater.

Penalties for Driving Under the Influence

First Offenders:  The penalty for your first DUI is a mandatory minimum 10 days in jail and a minimum $250 fine.  In addition to the fine adjudicated by the court, $1,000 must be paid to the state’s prison construction fund and the state’s general fund ($500 each). 

If the offender completes the court ordered DUI program, the court may suspend the entire sentence, except for 24 consecutive hours in jail.

Second Offenders:  Upon the second offense within 5 years, the drunk driver is sentenced to at least 90 days in jail (30 of which must be consecutive) and a fine of at least $500.  Additionally, the court will revoke the driver’s license for one year.  On the date of reinstatement, the court may attach an ignition interlock system to the offender’s car for a year.   Finally, in addition to the fine imposed by the court, another $2,500 will be paid to the state’s prison fund and the state’s general fund ($1,250 each).

If the offender completes the court ordered DUI program, the court may suspend all but 30 days of the sentence.

Penalties for Driving Under the Extreme Influence of Intoxicating Liquor

First Offender:  A fine of not less than $250 and a jail term of not less than 30 days is imposed for your first conviction.  Additionally, the court will attach an ignition interlock system to your car for up to a year.  Finally, in addition to the fine imposed by the court, another $2,000 will be paid to the state’s prison fund and the state’s general fund ($1,000 each).

The judge may suspend all but 10 days of the jail sentence if the offender completes the court ordered DUI program.

Second Offender:  Upon a second conviction (either extreme influence or regular DUI) in the span of 5 years, the drunk driver will be sentenced to no less than 120 days in jail (60 of which must be consecutive) and a fine of $500. Additionally, the court will revoke the driver’s license for one year.  On the date of reinstatement, the court may attach an ignition interlock system to the offender’s car for a year.   Finally, in addition to the fine imposed by the court, another $2,500 will be paid to the state’s prison fund and the state’s general fund ($1,250 each).

The judge may suspend all but 60 days of the jail sentence if the offender completes the court ordered DUI program.

Aggravated Driving While Under the Influence

This charge applies to anyone who:

• Violates the regular or extreme DUI statute with a suspended license
  Penalty: Will not become eligible for probation or suspension of sentence until 4 months of jail time have been served
• Is under 15 years old and violates the regular or extreme DUI statute
  Penalty: Minimum sentence imposed in those statutes
• Violates the regular or extreme DUI statute for the third or subsequent time in a five year period.
  Penalty: Will not become eligible for probation or suspension of sentence until 8 months of jail time have been served

Under the statute, if the person convicted of Aggravated DUI is the sole owner of the vehicle, the vehicle is subject to forfeiture. 

Refusal to Consent to Chemical Tests

  If you refuse to consent to a chemical blood alcohol test, your license may be suspended for up to a year.