What Is the Legal Alcohol Limit in Arizona? BAC Tiers and Penalties

The legal alcohol limit in Arizona is a blood alcohol concentration (BAC) of 0.08% for most adult drivers behind the wheel of a standard passenger vehicle. Commercial drivers hit the limit at 0.04%, and anyone under 21 can be charged with any measurable alcohol in their system. The number is not a safe harbor: Arizona can charge you with DUI below 0.08% if an officer concludes alcohol has impaired your driving to any degree at all.

The 0.08% Rule for Most Drivers

Under Arizona law, it is illegal to drive or be in actual physical control of a vehicle with a BAC of 0.08% or higher within two hours of driving.¹ This is what lawyers call a “per se” violation: the number alone is enough. A prosecutor doesn’t need to prove your driving was erratic. If your blood or breath test reads 0.08% or above, the court can presume you were under the influence.

A first-offense standard DUI is a Class 1 misdemeanor, Arizona’s most serious misdemeanor classification.¹ The mandatory minimum penalties include ten consecutive days in jail (the judge can suspend all but one day if you complete a court-ordered alcohol screening, education, or treatment program), a $250 base fine plus $500 for the prison construction fund and $500 for the public safety equipment fund, totaling at least $1,250 before surcharges, an ignition interlock device required on every vehicle you operate for at least 12 months, and mandatory traffic survival school.

You Can Be Charged Below 0.08%

Separate from the per se rule, Arizona makes it illegal to drive while impaired to the slightest degree by alcohol, drugs, or any combination of the two.¹ There is no minimum BAC. A driver who blows 0.05% can face the same DUI charge and the same penalties as someone at 0.08%.

Prosecutors can’t rely on the BAC number alone for this charge, so officers build the case through observed behavior: weaving between lanes, slow reaction at traffic signals, the smell of alcohol, slurred speech, and field sobriety test performance. In practice, officers often cite both the per se violation and impairment to the slightest degree from a single stop, giving prosecutors two paths to conviction. If you’ve been drinking and it shows in your driving, the 0.08% threshold is irrelevant.

Lower Limits for Commercial and Underage Drivers

Arizona applies a 0.04% per se limit to anyone operating a commercial motor vehicle that requires a commercial driver’s license (CDL), half the standard threshold.¹ A single beer can put some drivers over that line depending on body weight and metabolism. Administrative license suspension also kicks in at 0.04% for commercial operators.²

The career consequences are severe. Under federal regulations, a first DUI conviction triggers a minimum one-year CDL disqualification, and that applies even if the offense happened in your personal car.³ A second DUI means a lifetime disqualification.

For drivers under 21, Arizona enforces zero tolerance. It is illegal for anyone under the legal drinking age to drive with any amount of alcohol in their body.⁴ A BAC as low as 0.01% can trigger charges, with license suspension, fines, and a criminal record that follows a young person into adulthood.

Extreme DUI at 0.15%

Arizona reclassifies DUI into more serious offenses as the BAC climbs. These aren’t just sentencing enhancements; they are distinct crimes defined in a separate statute.

A BAC of 0.15% or more but less than 0.20% is an Extreme DUI.⁵ For a first offense, the mandatory minimums include 30 consecutive days in jail (the judge can suspend all but nine days if you install an ignition interlock device), and a $250 base fine plus a $250 assessment, $1,000 for the prison construction fund, and $1,000 for the public safety equipment fund, totaling at least $2,500.

Super Extreme DUI at 0.20%

At a BAC of 0.20% or higher, the charge becomes a Super Extreme DUI under the same statute.⁵ The mandatory minimums jump: 45 consecutive days in jail (all but 14 days suspendable if you install an IID for 12 months), a $500 base fine plus a $250 assessment, $1,000 for the prison construction fund, and $1,000 for the public safety equipment fund, totaling at least $2,750, and an IID required for 18 months instead of 12.

When a DUI Becomes a Felony

All of the above are misdemeanors. Arizona elevates a DUI to a felony, called Aggravated DUI, when certain circumstances are present:⁶

Any DUI offense committed while your license is suspended, canceled, or revoked.
A third or subsequent DUI violation within a rolling 84-month (seven-year) window.
Any DUI or Extreme DUI committed with a passenger under 15 years old in the vehicle.
A DUI committed while you are already court-ordered or required to have an ignition interlock device.
A DUI committed while driving the wrong way on a highway.

Most of these produce a Class 4 felony with potential prison time measured in years. DUI with a child under 15 is a Class 6 felony, Arizona’s least severe felony class but still a felony conviction on your record.⁶

Refusing the Test

By driving on Arizona roads, you have already agreed to submit to a blood, breath, or urine test if an officer arrests you for DUI. This is the state’s implied consent law.⁷ You can still refuse, but refusal carries consequences separate from any criminal DUI penalties.

A first refusal results in an automatic 12-month license suspension. A second or subsequent refusal within 84 months extends that to two years.⁷ Refusing doesn’t necessarily save you from the DUI charge either. Arizona can obtain a warrant for a blood draw, and prosecutors can use the refusal itself as evidence of consciousness of guilt at trial.

Losing Your License Before Trial

Even before a DUI case goes to court, Arizona’s Motor Vehicle Division can suspend your license through an administrative process that runs on a separate, faster track than the criminal case. If your chemical test shows a BAC of 0.08% or higher (0.04% for commercial operators), the arresting officer forwards a report to the state and serves a suspension order on the spot.²

The suspension takes effect 30 days after it’s served and runs for 90 consecutive days. If you have no prior DUI-related convictions within 84 months and no injury was caused to another person, the suspension can be structured as 30 days of full suspension followed by 60 days of restricted driving privileges.² You can request a hearing or summary review within 30 days to challenge the suspension, which stays it until a decision is issued. As an alternative, eligible first-time offenders can request a special ignition interlock restricted driver license (SIIRDL), which lets you keep driving immediately but requires an IID on every vehicle you operate.⁸

1
Arizona Legislature. Arizona Code 28-1381 – Driving or Actual Physical Control While Under the Influence
2
Arizona Legislature. Arizona Revised Statutes 28-1385 – Administrative License Suspension for Driving Under the Influence
3
eCFR. 49 CFR 383.51 – Disqualification of Drivers
4
Arizona Legislature. Arizona Code 4-244 – Unlawful Acts
5
Arizona Legislature. Arizona Revised Statutes 28-1382 – Driving or Actual Physical Control While Under the Extreme Influence of Intoxicating Liquor
6
Arizona Legislature. Arizona Revised Statutes 28-1383 – Aggravated Driving or Actual Physical Control While Under the Influence
7
Arizona Legislature. Arizona Revised Statutes 28-1321 – Implied Consent; Tests; Refusal to Submit to Test
8
Arizona Department of Transportation. Driving Under the Influence (DUI)