Arizona DUI and DWI Laws and Penalties

Drunk driving is the single largest cause of motor vehicle related fatalities in the state of Arizona and accounts for nearly 50% of the total number of motor vehicle related deaths every year. Having an Arizona license automatically provides your consent to be tested by a law enforcement officer if you are stopped on the suspicion of drunk driving. This is the law of “implied consent” and requires you to comply with all tests administered by the law enforcement officer.

If convicted of DUI/DWI your specific penalties will depend on the circumstances of your DUI/DWI and your driving history. Typically, you will face jail time, fines, compulsory completion of alcohol/drug education or addiction treatment, a driver’s license suspension/revocation and the installation of an IID in your vehicle.

DUI/DWI Classifications and Blood Alcohol Content (BAC) Levels

There are 3 classifications of DUI in the state of Arizona, they are outlined below.

Standard DUI 

This is classified as driving a vehicle with a BAC (Blood Alcohol Content) of:

  1. 0.08% or more for drivers over the age of 21.
  2. 0.04% or more, if you are driving a commercial vehicle.
  3. Any percentage if you are younger than 21 years old, as you are under the legal drinking age.

Extreme DUI

This is classified as driving with a BAC of 0.15% or higher.

Aggravated DUI 

This is classified as:

  1. DUIs committed with a driver’s license that is suspended, revoked, or cancelled.
  2. A 3rd offense for DUI within 84 months.
  3. A DUI committed while driving with a passenger who is younger than 15 years old.

Related DUI/DWI Penalties

If you are convicted of DUI, you will face penalties in criminal court AND with the Arizona Motor Vehicle Division. Your penalties will depend on the type of DUI you are convicted of. When you are stopped on suspicion of DUI by a police officer and either fail or refuse to take the BAC/breathalyzer test, the Arizona Motor Vehicle Division will typically suspend your driver’s license (regardless of any criminal findings) on the spot for 12 months or 24 months in the case of a 2nd refusal or failure within 84 months.

Penalties for a Standard DUI

For a 1st offense of a standard DUI, you may face:

  1. Up to 10 days in jail.
  2. A minimum fine of $250.
  3. Required completion of an alcohol/drug screening, treatment, and education program.
  4. An ignition interlock device for every vehicle you drive.
  5. Community service.

For a 2nd offense you will likely face:

  1. Jail time of up to 90 days.
  2. A minimum fine of $500.
  3. A driver’s license revocation for 12 months.
  4. Required completion of an alcohol/drug screening, treatment, and education program.
  5. An ignition interlock device for every vehicle you drive.
  6. Community service.

For a 3rd offence you will face

  1. Jail time of up to 4 months.
  2. A minimum fine of $750.
  3. A driver’s license revocation for 12 months.
  4. Required completion of an alcohol/drug screening, treatment, and education program.
  5. An ignition interlock device for every vehicle you drive.
  6. Community service.

 

Penalties for an Extreme DUI

For a 1st offense of an extreme DUI, you may face:

  1. 30 days in jail.
  2. A fine of at least $2,500.
  3. Required completion of an alcohol/drug screening, treatment, and education program.
  4. An ignition interlock device for every vehicle you drive.
  5. Community service.

For a 2nd offense (or subsequent offense) of an extreme DUI, you may face:

  1. At least 120 days in jail.
  2. A fine of at least $3,250.
  3. A driver’s license revocation of 12 months.
  4. Required completion of an alcohol/drug screening, treatment, and education program.
  5. An ignition interlock device for every vehicle you drive.
  6. Community service.

Penalties for an Aggravated DUI

If you are convicted of an aggravated DUI, you will likely face:

  1. 2 years in prison.
  2. A driver’s license revocation for 1 year.
  3. Required completion of an alcohol/drug screening, treatment, and education program.
  4. An ignition interlock devicet for every vehicle you drive.
  5. Community service.

Special Restricted Driver’s License

While DUI-related violations in the State of Arizona on or after February 1st, 2006 result in a license suspension, you may be eligible for a special restricted license. * To find out if you qualify for a restricted license:

  1. Contact the Arizona Department of Transportation to verify your eligibility.
  2. You must not have any other withdrawal actions pending on your driving history.
  3. Install an ignition interlock through an MVD-authorized company and provide the Arizona Department of Transportation with verification of the installation.
  4. If required, attend any assigned mandatory alcohol treatment program and submit proof of completion to the Arizona Department of Transportation.
  5. Submit proof of future financial responsibility to the Arizona Department of Transportation (e.g. certificate of automobile liability insurance, also known as a SR22).
  6. Pay all the applicable fees.

*Note this information only applies to drivers over the age of 21.

For additional information, please contact the Arizona Department of Transportation.

 

Disclaimer: While we try to keep information up to date and relevant on our website, we recognize that there are other factors that can affect the way laws will apply to individual cases. Always consult with your attorney, local courts, judges, and district attorneys for all relevant legal information.