Arizona DUI Laws: BAC Limits, Offense Tiers, and Penalties

Arizona DUI laws set a blood alcohol concentration limit of 0.08% for most drivers, 0.04% for commercial operators, and zero tolerance for anyone under 21, and they also allow a DUI charge at any BAC if alcohol or drugs impaired the driver “to the slightest degree.”¹² Every conviction, even a first offense, carries mandatory jail time, fines, license suspension, and an ignition interlock requirement.

When Arizona Considers You Impaired

Three BAC thresholds apply depending on the driver. Adult drivers in personal vehicles are over the limit at 0.08%. Commercial drivers are over at 0.04%. Drivers under 21 violate the law with any detectable alcohol in their system.¹

The threshold is not the whole story. Under the “impaired to the slightest degree” provision, a driver can be charged with DUI even with a BAC below 0.08%, as long as the prosecution shows that alcohol or drugs affected the driver’s ability to operate the vehicle at all.² A 0.05% reading paired with erratic driving can support a conviction.

The Four Offense Tiers

Arizona classifies impaired driving into four categories, and the tier controls the mandatory minimums a judge must impose.

Standard DUI covers BAC of 0.08% to 0.149% for adult drivers, or any slightest-degree impairment.¹
Extreme DUI applies at a BAC of 0.15% or higher.³
Super Extreme DUI applies at a BAC of 0.20% or higher, the top misdemeanor tier.
Aggravated DUI is a felony, triggered by specific circumstances rather than BAC.⁴

Aggravated DUI is the one most people misunderstand. The common triggers are driving on a suspended or revoked license, having a passenger under 15 in the vehicle, or picking up a third DUI within an 84-month window.⁴ That third-offense trigger does not care about BAC. A third standard DUI inside seven years becomes a felony on the same footing as driving drunk with a child in the car.

What a Conviction Costs

Arizona’s penalties are mandatory minimums. Judges have limited room to go below them, and the fines quoted in statute grow once the state’s surcharges and assessments are added.

Standard DUI

A first standard DUI carries up to ten consecutive days in jail, though a court can suspend all but one day if the driver completes alcohol screening, education, or treatment. Total fines and fees reach at least $1,250, and the license is suspended for 90 days.¹

A second standard DUI within seven years brings a minimum of 90 days in jail, fines of at least $3,000, and a one-year license revocation.⁵

Extreme DUI

A first Extreme DUI requires 30 consecutive days in jail with no suspension of that time, fines starting around $2,500, and a 90-day license suspension. A second Extreme DUI raises the mandatory jail time to 120 days, with fines above $3,250.⁵

Super Extreme DUI

A first Super Extreme conviction requires at least 45 consecutive days in jail, fines no lower than $3,250, and a 90-day license suspension.³ A second Super Extreme conviction brings 180 days in jail and fines of at least $3,750.⁵

Aggravated DUI

Because aggravated DUI is a felony, incarceration shifts from county jail to state prison. Sentences run from four months to several years depending on the aggravating factor and any prior felony record.⁴ A felony conviction also strips certain civil rights, including firearm ownership, which many first-time felons do not expect.

Refusing the Breath or Blood Test

Driving on Arizona roads is itself consent to chemical testing when an officer has reasonable grounds to suspect impairment. This is the implied consent law.⁶

Refusing a test does not erase the DUI charge. It adds a separate administrative penalty: a one-year license suspension for a first refusal, two years if the driver has a prior refusal or DUI within the past 84 months.⁶ The suspension stands even if the criminal case is later dismissed or reduced, so a driver can beat the DUI in court and still lose a license for a full year.

Ignition Interlock Devices

Every DUI conviction in Arizona triggers an ignition interlock requirement on every vehicle the driver operates. The device is a breath-testing unit wired to the ignition, and the car will not start if it detects alcohol.⁷

The driver pays for installation, monthly calibration, and monitoring. Installation runs roughly $100 to $150, with monthly costs between $70 and $100.⁸ A standard first-offense DUI typically carries a 12-month interlock requirement. Missing calibration appointments or tampering with the device can extend the period or add penalties.

Drugs, Prescriptions, and Marijuana

Arizona’s DUI statute reaches beyond alcohol. The law covers any drug, vapor-releasing substance, or combination of substances, including prescription medications and over-the-counter drugs that cause drowsiness.²

Marijuana sets a specific trap. Arizona maintains zero tolerance for THC and its metabolites in a driver’s blood. Metabolites can remain detectable for days or weeks after use, so a positive blood test can support charges even when the driver last used marijuana well before getting behind the wheel. A valid medical marijuana card does not change that. The slightest-degree standard applies to drug cases the same way it applies to alcohol, which means prosecutors do not need to prove a particular concentration.

What Follows the Case

SR-22 Insurance

After a DUI conviction, Arizona requires an SR-22 filing from the driver’s insurer verifying at least the state minimum liability coverage. The filing itself is a formality the state monitors throughout the reinstatement period. The expensive part is the premium increase, which commonly roughly doubles and persists for years. Over time, that increase often outweighs the fines and court costs.

Commercial Drivers

Commercial drivers face a federal disqualification on top of the state penalty. A first DUI conviction, whether in a commercial or personal vehicle, disqualifies the driver from operating a commercial motor vehicle for one year.⁹ A second DUI conviction or a second implied consent refusal is a lifetime commercial disqualification.¹⁰ The disqualification applies regardless of which state issued the license and regardless of the outcome of the state criminal case.

Travel to Canada

Canada classifies impaired driving as a serious criminal offense under its immigration law, and Canadian border officers can see U.S. criminal records. A single misdemeanor DUI is enough to be refused entry. Options for getting in include deemed rehabilitation once enough time has passed since the sentence ended, individual rehabilitation after five years, or a temporary resident permit for urgent travel. Rehabilitation applications can take over a year, so travel plans should drive the timing.¹¹

Jobs and Professional Licenses

A DUI shows up on background checks. Federal guidelines ask employers using criminal records in hiring to consider the nature of the offense, how much time has passed, and the relevance to the job.¹² Positions involving driving, childcare, healthcare, or security clearance are the most exposed.

Licensed professionals carry an added obligation. Nurses, doctors, teachers, real estate agents, and others typically have to disclose criminal convictions to their licensing board, and a DUI can prompt board review, probation, or added monitoring. An aggravated DUI felony can lead to permanent revocation in some professions. Disclosure duties usually continue after the criminal case closes, and failing to report tends to produce worse outcomes than the conviction itself.

1
Arizona Department of Public Safety. Impaired Driving
2
Arizona Legislature. Arizona Code 28-1381 – Driving or Actual Physical Control While Under the Influence
3
Arizona Legislature. Arizona Code 28-1382 – Driving or Actual Physical Control While Under the Extreme Influence of Intoxicating Liquor
4
Arizona Legislature. Arizona Code 28-1383 – Aggravated Driving or Actual Physical Control While Under the Influence
5
Arizona Department of Transportation. Driving Under the Influence (DUI)
6
Arizona Legislature. Arizona Code 28-1321 – Implied Consent
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Arizona Legislature. Arizona Code 28-1461 – Use of Certified Ignition Interlock Devices
8
Arizona Department of Transportation. FAQ Ignition Interlock
9
Federal Motor Carrier Safety Administration. Disqualification of Drivers (383.51)
10
eCFR. 49 CFR 383.51 – Disqualification of Drivers
11
Immigration, Refugees and Citizenship Canada. Overcome Criminal Convictions
12
U.S. Equal Employment Opportunity Commission. Criminal Records