DUI Laws in Arizona: A.R.S. 28-1381 Guide

TL;DR

Arizona’s primary DUI statute, A.R.S. 28-1381, makes it illegal to drive while impaired to the slightest degree, with a BAC of 0.08 or higher, or with any drug or drug metabolite in your system. Every DUI conviction triggers mandatory jail, fines, an ignition interlock device, and license consequences. The penalties scale with BAC, prior history, and aggravating factors. For details, see extreme and super extreme DUI penalties.

If you were recently arrested for DUI in Arizona, you are probably trying to figure out what you are actually facing. The penalties, the court dates, the license consequences, the costs. This guide breaks down Arizona’s primary DUI statute, A.R.S. 28-1381, in plain language so you understand what the law says, what the penalties look like, and how the process works.

Arizona prosecutes DUI cases aggressively. Whether your case is in Scottsdale City Court, Maricopa County Superior Court, Lake Havasu City Municipal Court, or Mohave County Superior Court, the underlying statute and mandatory minimum penalties are the same statewide. What varies is how prosecutors charge and how courts handle sentencing, which makes understanding the law (and having the right attorney) critical.

What Counts as a DUI Under A.R.S. 28-1381

Arizona’s DUI statute covers more ground than most people realize. Under A.R.S. 28-1381, a person can be charged with DUI under any of the following circumstances:

1. Impaired to the Slightest Degree

This is the broadest prong of Arizona’s DUI law. You do not need a BAC of 0.08 to be charged. If a police officer believes your ability to drive was impaired “to the slightest degree” by alcohol, drugs, vapor-releasing substances, or any combination, you can be arrested and prosecuted. There is no minimum BAC requirement under this section. A BAC of 0.05 combined with officer observations about your driving, field sobriety performance, or demeanor can support a charge.

2. BAC of 0.08 or More

This is the “per se” DUI. If a blood or breath test shows an alcohol concentration of 0.08 or higher within two hours of driving or being in actual physical control, the state can charge you under this section regardless of whether you appeared impaired. The alcohol concentration must result from alcohol consumed before or during driving, so rising BAC defenses remain relevant.

3. Any Drug or Drug Metabolite in Your Body

Arizona law makes it illegal to drive with any drug listed under A.R.S. 13-3401 or its metabolite in your system. This includes illegal substances and prescription medications. There is a statutory defense for lawfully prescribed drugs under subsection D of the statute, but the burden falls on you to raise it. Inactive metabolites of marijuana have been a contested issue in Arizona courts, though the legal treatment of metabolites has evolved since recreational legalization took effect.

4. Commercial Motor Vehicle at 0.04

If you hold a commercial driver license (CDL) and are operating a commercial vehicle, the BAC threshold drops to 0.04. The same 0.04 threshold applies to drivers of vehicles for hire and transportation network company drivers (rideshare).

Actual Physical Control: You Do Not Have to Be Driving

One of the most misunderstood aspects of Arizona DUI law is the “actual physical control” (APC) provision. You can be charged with DUI even if the vehicle is parked and the engine is off.

Under A.R.S. 28-1381, the statute applies to anyone who “drives or is in actual physical control of a vehicle.” The Arizona Supreme Court addressed what this means in State v. Zaragoza, 221 Ariz. 49 (2009). The court held that a person is in actual physical control if, based on the totality of the circumstances, their potential use of the vehicle presented a real danger to themselves or others.

Courts examine several factors when determining APC:

Whether the vehicle was running

Where the vehicle was located (travel lane vs. parked legally in a lot)

Where the keys were (ignition, cupholder, pocket, trunk)

Whether the person was awake or asleep

Whether the headlights were on

Whether the heater or air conditioning was running

The position of the driver (behind the wheel vs. reclined in the back seat)

A person who pulls into a parking lot, turns off the engine, puts the keys in the glove box, and falls asleep in the back seat has a much stronger argument against APC than someone found slumped over the steering wheel in a travel lane with the engine idling. However, officers routinely arrest in borderline situations, and prosecutors let juries sort it out.

First Offense DUI Penalties Under A.R.S. 28-1381

A standard first-offense DUI in Arizona is a Class 1 misdemeanor. The mandatory minimums are set by statute, and judges cannot go below them. Here is what the law requires:

Jail time: Not less than 10 consecutive days. However, subsection J allows the judge to suspend all but one day if you complete a court-ordered alcohol or drug screening, education, or treatment program. Most first-time offenders with no aggravating factors serve one day in jail.

Fine: Not less than $250. This is the base fine before surcharges.

Assessments:

$500 to the Prison Construction and Operations Fund

$500 to the Public Safety Equipment Fund

Total assessments: $1,000

When you add the base fine, surcharges (approximately 84% on the base fine), assessments, and incarceration costs, the total financial obligation for a first-offense DUI typically lands between $1,500 and $2,500.

Community restitution: The court may order community service hours.

Ignition interlock device (IID): Required on every vehicle you operate if the violation involved alcohol. The minimum period is 12 months after you complete screening/treatment and are eligible to reinstate your license. The court can extend this period. You pay for the device, which typically costs $70 to $100 per month for installation and monitoring. Our overview of what to do after being pulled over for a DUI goes deeper into the rules.

Traffic Survival School (TSS): Mandatory attendance and completion through an ADOT-approved course.

Alcohol/drug screening and treatment: The court will order screening, and depending on the results, you may be required to complete education classes or a treatment program.

Second DUI Within 84 Months

If you are convicted of a second DUI within 84 months (seven years) of a prior DUI, extreme DUI, or aggravated DUI conviction, the penalties increase significantly. The 84-month window is measured from the dates the offenses were committed, not the dates of conviction.

Jail time: Not less than 90 days. At least 30 of those days must be served consecutively. Subsection L allows the judge to suspend all but 30 days if you complete a court-ordered treatment program. Even with the reduction, 30 days in jail is the floor.

Fine: Not less than $500.

Assessments:

$1,250 to the Prison Construction and Operations Fund

$1,250 to the Public Safety Equipment Fund

Total assessments: $2,500

Community restitution: At least 30 hours (mandatory, not discretionary).

License revocation: One year. The court reports the conviction to the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD), which revokes your driving privilege. After completing 45 days of the revocation period, you may apply for a special ignition interlock restricted driver license under A.R.S. 28-1401.

Ignition interlock device: Required, with the same provisions as a first offense plus the possibility of extended duration.

Traffic Survival School: Mandatory.

How Extreme DUI and Aggravated DUI Differ

Arizona has three tiers of DUI charges. Understanding where your case falls matters because the penalties escalate dramatically.

Extreme DUI (A.R.S. 28-1382)

Extreme DUI applies when your BAC is 0.15 or higher. It breaks into two levels:

BAC 0.15 to 0.199 (Extreme DUI): Minimum 30 consecutive days in jail. The judge may suspend all but 9 days if you install an ignition interlock device for 12 months. Fine of at least $250, plus $250 DUI Abatement Fund assessment, plus $1,000 to the Prison Construction Fund, plus $1,000 to the Public Safety Equipment Fund. Total assessments alone: $2,250.

BAC 0.20 or higher (Super Extreme DUI): Minimum 45 consecutive days in jail. The judge may suspend all but 14 days with interlock installation. Fine of at least $500, plus the same assessment structure.

A second extreme DUI within 84 months carries 120 days (extreme) or 180 days (super extreme) minimum jail, with only partial suspension available.

Extreme DUI remains a Class 1 misdemeanor.

Aggravated DUI (A.R.S. 28-1383)

Aggravated DUI is a felony. It applies in specific circumstances:

Third or subsequent DUI within 84 months (any combination of 28-1381, 28-1382, or 28-1383 violations)

DUI while your license is suspended, canceled, revoked, or restricted due to a prior DUI-related offense

DUI with a passenger under 15 years old in the vehicle

DUI while required to have an ignition interlock device installed

DUI while driving the wrong way on a highway

Aggravated DUI is a Class 4 felony in most circumstances (Class 6 felony when the aggravating factor is a child under 15). A Class 4 felony conviction carries a presumptive 2.5 years in the Arizona Department of Corrections. The mandatory minimum prison term is 4 months for most aggravated DUI convictions and 8 months if you have three or more prior DUI convictions within 84 months.

Prison time for aggravated DUI is not served in county jail. This is state prison, with all the collateral consequences that follow a felony conviction: loss of voting rights (until sentence completion), loss of firearm rights, and a permanent felony record.

Arizona’s Implied Consent Law

Under A.R.S. 28-1321, every person who operates a motor vehicle in Arizona has given implied consent to blood, breath, urine, or other bodily substance testing if arrested for DUI. You agreed to this by driving on Arizona roads.

What Happens If You Refuse

If you refuse the test, the officer must inform you that your license will be suspended for 12 months (or 24 months for a second or subsequent refusal within 84 months). The test will not be administered unless the officer obtains a search warrant or the case involves specific exceptions under A.R.S. 28-1388.

Refusing the test does not make the DUI charge go away. Officers routinely obtain telephonic search warrants for blood draws within an hour. The refusal itself can also be used against you at trial as consciousness of guilt.

The Administrative Suspension Process

A refusal triggers a 12-month administrative suspension through the MVD, separate from any criminal penalties. You have 30 days from the date the order is served to request a hearing. If you do not request a hearing within that window, the suspension becomes final.

Administrative vs. Criminal Consequences

A DUI arrest in Arizona triggers two separate tracks that run simultaneously. Many people do not realize this until they are already dealing with both.

Administrative (MVD) Track

Under A.R.S. 28-1385, when you are arrested for DUI and submit to testing that shows a BAC of 0.08 or higher (or drugs in your system), the arresting officer files a certified report with ADOT MVD. This triggers an administrative license suspension of at least 90 consecutive days, separate from anything the court does.

For a first offense with no prior history in 84 months, the suspension may be reduced to 30 days of full suspension followed by 60 days of restricted driving privileges (limited to work, school, and medical appointments) if you complete alcohol or drug screening. You may also apply for a special ignition interlock restricted driver license in lieu of the suspension.

You have 30 days to request a hearing or summary review. The scope of the hearing is limited: the MVD will determine whether the officer had reasonable grounds, whether you were arrested, whether the test was valid, and whether the results were accurate. The MVD does not determine guilt or innocence.

Criminal Court Track

The criminal case proceeds separately in the court that has jurisdiction over the location of the arrest. Misdemeanor DUI cases are handled in city courts and justice courts. Felony aggravated DUI cases go to Superior Court.

The criminal case determines guilt and imposes the penalties described above (jail, fines, assessments, treatment, interlock, probation). A conviction on the criminal side triggers additional MVD consequences, including points on your driving record.

These two tracks can produce different outcomes. You can win the MVD hearing and still be convicted criminally. You can have your criminal case dismissed and still face the administrative suspension.

ADOT MVD Points System

A DUI conviction adds 8 points to your Arizona driving record. Extreme DUI also carries 8 points. According to ADOT MVD, accumulating 8 or more points in any 12-month period may require you to attend Traffic Survival School or result in a license suspension of up to 12 months.

Since a single DUI conviction places you at the 8-point threshold, you face corrective action from the MVD on top of everything the court orders. Points remain on your record and factor into future enforcement actions.

Ignition Interlock Device Requirements

Arizona requires an ignition interlock device (IID) on every vehicle you operate after any DUI conviction involving alcohol. The device prevents the vehicle from starting unless you provide a breath sample below a programmed BAC threshold (typically 0.02).

Key details:

First offense DUI: Minimum 12 months of interlock after completing screening/treatment and becoming eligible for license reinstatement

Second offense DUI (within 84 months): Minimum 12 months, with the court able to extend

Extreme DUI: Minimum 12 months

Aggravated DUI: Minimum 24 months

Cost: Typically $70 to $100 per month for lease, installation, calibration, and monitoring

Violations: Rolling retests occur while driving. A failed retest triggers the horn and lights and logs the event. Tampering or circumventing the device is a separate criminal offense.

The court can also order interlock for DUI convictions involving drugs (not just alcohol) at its discretion.

How a DUI Defense Attorney Challenges These Charges

A DUI arrest does not guarantee a conviction. There are multiple points in the process where a skilled DUI defense attorney can challenge the state’s case:

Challenging the Stop

An officer must have reasonable suspicion to pull you over. If the traffic stop was not supported by articulable facts (weaving, equipment violation, traffic infraction), a motion to suppress can eliminate all evidence obtained after the stop.

Challenging Field Sobriety Tests

Standardized Field Sobriety Tests (SFSTs) must be administered according to the National Highway Traffic Safety Administration (NHTSA) protocol. Officers frequently deviate from these protocols. Medical conditions, footwear, road surface, weather, and lighting all affect performance. Poor administration or interpretation of these tests can be challenged.

Challenging the Blood or Breath Test

Blood and breath testing must follow specific procedures. Chain of custody issues, calibration errors, improper blood draw procedures, fermentation of blood samples, and machine maintenance failures can all undermine the reliability of test results. Arizona requires that breath testing instruments meet A.R.S. 28-1323 standards, and blood testing must comply with A.R.S. 28-1326.

Rising BAC Defense

Under A.R.S. 28-1381(A)(2), the BAC must result from alcohol consumed “before or while driving.” If you had drinks shortly before driving and your BAC was still rising at the time of the test (which can occur 30 to 90 minutes after your last drink), your actual BAC at the time of driving may have been below 0.08. Expert toxicology testimony can establish this defense.

Challenging Actual Physical Control

If you were not driving when the officer made contact, the state must prove actual physical control under the Zaragoza factors. The totality of circumstances may support the argument that you posed no real danger.

Violation of Constitutional Rights

Miranda violations, coerced statements, unlawful searches, and denial of the right to counsel can all form the basis for suppression motions. Arizona law provides the right to obtain an independent blood test, and denial of that right may be grounds for dismissal in certain circumstances.

Timeline of a DUI Case in Arizona Courts

Understanding the general timeline helps reduce the uncertainty that follows an arrest. While every case is different, most misdemeanor DUI cases in Arizona follow this pattern:

Arrest and release (Day 0): You are cited and released, or booked and released within hours. You receive a court date.

Administrative suspension notice (Days 0 to 30): The officer serves an admin per se suspension notice or files the report with ADOT MVD. You have 30 days to request a hearing.

Arraignment (2 to 4 weeks after arrest): Your first court appearance. You enter a plea (typically not guilty). If you have an attorney, they may be able to appear on your behalf in most city courts.

Discovery and investigation (1 to 3 months): Your attorney obtains the police reports, body camera footage, blood test results, calibration records, and other evidence. This is where defense strategies take shape.

MVD hearing (if requested, within 60 days of request): A separate administrative proceeding to contest the license suspension. This hearing does not determine criminal guilt.

Pre-trial conferences (2 to 6 months after arrest): Negotiations between your attorney and the prosecutor. Plea offers may be discussed. Motions to suppress evidence may be filed and argued.

Trial (4 to 8 months after arrest, sometimes longer): If the case does not resolve through negotiation, a trial date is set. You have the right to a jury trial for any DUI charge.

Sentencing (at trial or plea): If convicted, sentencing typically occurs immediately after a guilty plea or verdict. The mandatory minimums apply, but your attorney can argue for the lowest permissible sentence.

The full process from arrest to resolution typically takes 3 to 8 months for misdemeanor cases. Felony aggravated DUI cases in Superior Court can take 6 to 12 months or longer.

Frequently Asked Questions

Can I get a DUI in Arizona with a BAC below 0.08?

Yes. Under A.R.S. 28-1381(A)(1), Arizona can charge you with DUI if you are impaired “to the slightest degree” by alcohol, drugs, or a combination. There is no minimum BAC for this charge. A BAC of 0.05 or even lower can support a conviction if the state proves impairment through other evidence like officer observations and field sobriety test results.

What does “impaired to the slightest degree” mean?

Arizona uses the lowest impairment standard in the country. The prosecution does not need to prove you were falling-down drunk. Any detectable impairment to your ability to drive, however minor, satisfies the statute. This makes Arizona DUI charges easier for the state to prove compared to states requiring “substantial impairment.”

Can I refuse a breathalyzer or blood test in Arizona?

You can refuse, but refusing triggers an automatic 12-month license suspension under Arizona’s Implied Consent Law (A.R.S. 28-1321). A second refusal within 84 months results in a 24-month suspension. Officers can also obtain a search warrant and compel a blood draw, which means refusing may cost you your license without preventing the state from obtaining evidence.

Will I go to jail for a first-offense DUI?

The statute mandates 10 days, but the judge can suspend all but one day if you complete court-ordered screening and treatment. In practice, most first-time offenders with no aggravating circumstances serve one day (24 hours) in a city or county jail facility. You should not assume zero jail time is possible.

How much does a DUI cost in Arizona?

The total financial cost of a first-offense DUI in Arizona typically ranges from $5,000 to $10,000 when you include the base fine, surcharges, $1,000 in mandatory assessments, screening and treatment costs, ignition interlock device expenses (approximately $1,200 per year), increased auto insurance premiums, and attorney fees. A second offense or extreme DUI costs significantly more.

Can I still drive after a DUI arrest?

After arrest, the administrative process determines your driving status. For a first offense, if you submit to testing and your BAC is 0.08 or higher, you face a 90-day admin suspension. This can be reduced to 30 days of suspension plus 60 days of restricted driving if you meet the requirements under A.R.S. 28-1385. You may also qualify for a special ignition interlock restricted driver license. If you refuse testing, the suspension is 12 months with limited options for restricted driving.

Does a DUI conviction stay on my record permanently?

Arizona does not have a mechanism to expunge or “set aside” DUI convictions in the traditional sense. Under A.R.S. 13-905, you can apply to have your conviction set aside after completing your sentence, which restores certain civil rights but does not erase the conviction. The DUI will still appear on background checks and your MVD record. For purposes of the 84-month look-back period for enhanced sentencing, prior convictions remain relevant.

Should I hire a DUI attorney or use a public defender?

If you qualify financially, the court will appoint a public defender. Public defenders handle a high volume of cases and are often experienced with DUI defense. However, a private DUI defense attorney can dedicate more time and resources to your case, retain independent experts, and focus specifically on DUI law. The decision often comes down to the complexity of your case and whether you can afford private representation.

Facing DUI Charges in Arizona?

Have questions about your DUI arrest, your court date, or what options might be available in your case? The attorneys at Rideout Law Group handle DUI cases across Arizona and can review the facts of your situation during a free consultation.

Related Resources From Rideout Law

Key Takeaways

Arizona prosecutes DUI under three theories: impairment to the slightest degree, per se 0.08 BAC, and any drug or drug metabolite in the body.
You can be charged with DUI without driving. Actual physical control covers being in or near a parked, running vehicle.
Every DUI conviction in Arizona triggers mandatory jail time, fines and assessments, an ignition interlock device, and license suspension.
Arizona’s implied consent law (A.R.S. 28-1321) requires submission to chemical testing. Refusal triggers a 12-month license suspension.
The 84-month look-back period determines whether prior DUIs enhance the current charge.

Arizona Statute References

Statute citations in this article reference the Arizona Revised Statutes (A.R.S.). Read the full text on the Arizona Legislature website:

A.R.S. 28-1381: Arizona Revised Statutes
A.R.S. 28-1382: Arizona Revised Statutes
A.R.S. 28-1383: Arizona Revised Statutes
A.R.S. 28-1321: Arizona Revised Statutes
A.R.S. 28-3319: Arizona Revised Statutes

Talk to a Rideout Law Group Attorney

If you are facing criminal charges in Arizona, the decisions you make in the first few days can shape the rest of your case. Rideout Law Group represents clients across Maricopa and Mohave County from offices in Scottsdale and Lake Havasu City.

Call (480) 584-3328 for a free consultation, or contact us online to schedule a confidential review of your case.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Rideout Law Group. Every criminal case turns on specific facts, court of jurisdiction, and procedural posture. If you are facing charges in Arizona, consult a licensed Arizona criminal defense attorney about your individual situation. Past results do not guarantee future outcomes.