Arizona DUI Guide
Last Verified: March 2026
Complete guide to DUI laws, penalties, and procedures in Arizona. Know your rights and deadlines after a DUI arrest.
Major Counties
County-specific courts, impound lots, bail, and local procedures
Other Counties Available
Quick Answer: Arizona DUI Law
Arizona DUI/DWI laws prohibit operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The state uses the term DUI (Driving Under the Influence) to encompass impairment by alcohol or drugs, including legal prescriptions. A first-offense DUI in Arizona carries penalties including a minimum of 10 days in jail (which may be suspended with alcohol education), fines and surcharges exceeding $1,250, mandatory alcohol screening and education/treatment, and a 90-day driver's license suspension. Arizona's implied consent law requires drivers to submit to chemical testing (blood, breath, or urine) if arrested for DUI; refusal can result in a one-year license suspension, even if the driver is not ultimately convicted of DUI. Beyond the standard DUI penalties, Arizona commercial drivers face additional hurdles due to federal regulations. The FMCSA's Drug and Alcohol Clearinghouse mandates immediate state-level licensing sanctions for drug and alcohol violations. A commercial driver's license (CDL) is automatically downgraded to a standard passenger license upon a "Prohibited" status in the Clearinghouse, triggered by a positive test, refusal to test, or actual knowledge of a violation. Reinstatement requires completing the Return-to-Duty (RTD) process, involving evaluation by a Substance Abuse Professional (SAP), completion of prescribed treatment or education, and follow-up testing. The RTD process is costly, with SAP evaluations ranging from $350 to $600 and treatment programs adding further expense. Arizona DUI offenders may also face additional costs related to court-ordered monitoring, such as SCRAM (Secure Continuous Remote Alcohol Monitor) devices. These devices, used for continuous alcohol monitoring, can cost $10-$12 per day, with additional fees for installation and probation services. While financial assistance programs exist, they are often underutilized and difficult to access, placing a significant financial burden on offenders. Compliance with monitoring protocols is crucial, as any violation, including the use of alcohol-containing products or tampering with the device, can result in further penalties.
Request MVD Hearing within 15 days or face automatic suspension
What You Need to Do Now
Arizona DUI Penalties & Surcharges
| Offense Level | Fine (Up to) | Jail Time | License Suspension |
|---|---|---|---|
| 1st DUI (Standard) | $250-$2,500 | 10 days - 6 months (minimum 1 day served) | 90 days (30 day restriction possible) |
| 2nd DUI | $500-$2,500 + surcharges | 90 days minimum (60 days served) | 12 months |
| 3rd DUI | Up to $150,000 if felony | 4 months minimum (if within 84 months) | 12 months minimum |
Verification: Penalties verified against Arizona Revised Statutes § 28-1381 and Arizona MVD regulations for March 2026. Laws change frequently—always verify current penalties with a local DUI attorney.
DUI Terminology in Arizona
Arizona law uses the term "Driving Under the Influence" (DUI), as codified in A.R.S. § 28-1381. The state does not differentiate between DUI and DWI (Driving While Intoxicated); DUI encompasses impairment from any intoxicating liquor, drug, vapor releasing substance, or any combination thereof. Therefore, a driver can be charged with DUI in Arizona for being impaired by alcohol, drugs, or a combination of both, regardless of the specific substance.
Understanding DUI in Arizona
Arizona has some of the strictest DUI laws in the nation. Unlike most states with a single DUI charge, Arizona uses a three-tier system with dramatically different penalties based on your BAC level. Combined with the state's Admin Per Se license suspension system and the notorious 30-day mandatory vehicle impound, an Arizona DUI requires immediate, strategic action to protect your rights.
Arizona's Three DUI Categories
Arizona is unique in having three DUI levels with increasingly severe penalties under A.R.S. § 28-1381 and § 28-1382:
- Standard DUI - BAC 0.08% to 0.149% (10 days jail minimum)
- Extreme DUI - BAC 0.15% to 0.199% (30 days jail minimum)
- Super Extreme DUI - BAC 0.20% or higher (45 days jail minimum)
Even for a first-time offense, Arizona requires actual jail time—though judges may allow 9 days of a 10-day Standard DUI sentence to be suspended upon completion of alcohol screening and education.
Legal BAC Limit
The legal blood alcohol concentration (BAC) limit in Arizona is 0.08% for drivers 21 and older, 0.04% for commercial drivers, and any detectable amount for drivers under 21 (zero tolerance). You can also be charged with "DUI to the slightest degree" even below 0.08% if impaired.
Implied Consent Law
By driving in Arizona, you automatically consent to chemical testing if arrested for DUI under A.R.S. § 28-1321. The officer will serve you with an Admin Per Se / Implied Consent Affidavit which acts as both your notice of suspension and your 15-day temporary permit.
Refusing a breath or blood test results in automatic license suspension for 12 months for a first refusal (24 months for subsequent refusals). Unlike many states, Arizona's refusal suspension is much longer than the suspension for failing a test (90 days).
Time-Sensitive Deadlines
- 15 days to request MVD Admin Per Se hearing
- 10 days to request post-storage hearing for 30-day impound
- Daily impound storage fees ($15-$25/day) plus towing
- Mandatory ignition interlock for all DUI convictions (12-24 months)
The Arizona Admin Per Se License Suspension
When arrested for DUI in Arizona, the officer confiscates your physical driver's license and serves you with an Admin Per Se / Implied Consent Affidavit. This single document serves three purposes: (1) notice of your impending license suspension, (2) a 15-day temporary driving permit, and (3) instructions for requesting a hearing.
You have exactly 15 days from the date of arrest to request a hearing with the Executive Hearing Office (EHO) of the Motor Vehicle Division (MVD). If you file within this window, your suspension is stayed—you can continue driving until the hearing is resolved. If you miss this deadline, your license automatically suspends on the 16th day.
A standard Admin Per Se suspension for a failed test is 90 days, but Arizona law allows for a restricted permit after the first 30 consecutive days of "hard" suspension, provided you complete an alcohol screening. This tiered reinstatement structure incentivizes early compliance with treatment requirements.
The Admin Per Se hearing is limited in scope: the Administrative Law Judge (ALJ) reviews only whether the officer had reasonable grounds for the stop, whether the arrest was lawful, and whether you failed or refused the test. Importantly, the defendant's presence can be waived if represented by counsel, protecting you from cross-examination that could be used in your criminal trial.
Critical: Arizona's 30-Day Mandatory Vehicle Impound
Arizona Revised Statute § 28-3511 mandates the immobilization or impoundment of your vehicle for 30 days if you are arrested for DUI with a suspended/revoked license, no license, or for Extreme/Aggravated DUI. This is separate from the criminal penalties and applies even to first-time offenders in certain cases.
The impound fees are bifurcated: you must pay an administrative fee (typically $150) directly to the city or police department for processing the release paperwork, PLUS towing and storage fees to the private tow company (often $15-$25/day storage). For a full 30-day hold, total costs frequently exceed $1,000.
Early Release Exemptions (A.R.S. § 28-3512):
- Spousal Release: If the registered owner's spouse was not the driver, they can retrieve the vehicle early by signing a stipulation
- Rental/Employer Vehicles: Rental car companies and businesses whose vehicles were driven by an employee can obtain immediate release
- License Reinstatement: If you reinstate your driving privilege during the impound period, you may be eligible for early release
You have 10 days to request a post-storage hearing to contest the validity of the impoundment. However, the hearing is strictly limited to the legality of the tow—"I need my car for work" is not a valid defense. Only challenges like "my license wasn't actually suspended" can succeed.
Common Questions About Arizona DUI
Sources & Official Resources
Information on this page is sourced from official state resources. Always verify current laws with official sources or a licensed attorney.
Related Arizona Guides
Need a DUI Lawyer in Arizona?
Connect with experienced DUI attorneys who understand Arizona law and can guide you through the process.
Latest Arizona Guides
In-depth guides on specific DUI topics in Arizona
Jan 2026
Arizona 30-Day Impound: Early Release Options
Three legal exemptions that may get your car out before 30 days.
Jan 2026
Arizona's Two-Fee Impound System
You pay the city AND the tow yard separately. Don't get surprised.
Jan 2026
Interlock Employer Exemption: REPEALED
Arizona eliminated the work vehicle exemption in 2022.