Arizona DUI Laws: The Complete Guide (2025)

The Basics of DUI in Arizona

Like many states, Arizona’s legal limit for most drivers is a blood alcohol concentration (BAC) of 0.08%. However, it’s a common misconception that you can’t be charged with DUI if your BAC is below 0.08%.

Under Arizona DUI laws, you can still be arrested if you are slightly impaired. For instance, if an officer pulls you over for driving dangerously and your BAC is 0.04%, you can still be charged with DUI.

You also don’t necessarily have to be driving to be arrested for DUI; you only have to be in physical control of the vehicle. That can include situations like these:

• Having the car running
• Trying to start the car
• Being in the car with the keys in your pocket
• Having the keys in the ignition

Unlike some other states, Arizona also allows police to charge someone with DUI if their BAC is 0.08% or greater within two hours of driving. Even if you are no longer actively driving or in control of the car, you can still be charged.

There are a few other groups for whom the legal alcohol limit is lower than 0.08%, including:

Commercial Vehicle Drivers

For drivers of 18-wheelers and other commercial vehicles, the legal limit is 0.04%.

Taxi, Rideshare and Other Vehicle-for-Hire Drivers

For Uber, Lyft and taxi drivers, the legal limit is also 0.04%.

Drivers Under 21

Arizona has a zero-tolerance law for underage drivers. If you’re under 21 and your BAC is above 0.00%, you may be charged with DUI.

Arizona DUI Levels

What happens when you get a DUI in Arizona? It depends on the level you’re charged with. There are several types of DUI in Arizona:

DUI

A basic DUI charge in Arizona is a Class 1 misdemeanor. Even though it isn’t a felony, it can still have a significant impact on your life. Penalties for a DUI first offense include the following:

• At least 10 consecutive days in jail
• A fine of at least $1,250
• Community service
• Alcohol screening and education
• Having to equip your car with an ignition interlock device
• A license suspension of 90 days to one year

If you get a second DUI, penalties become more severe.

Penalties for a second DUI can include:

• At least 90 days in jail
• A fine of at least $3,000
• Community service
• Alcohol screening, education and/or treatment
• Having to equip your car with an ignition interlock device
• A 12-month license revocation

Judges have some latitude when it comes to sentencing for DUI. This means that even if you are convicted, a skilled DUI lawyer may be able to help negotiate lower penalties.

Extreme DUI

If your BAC is at least 0.15%, you can be charged with extreme DUI. This is still a Class 1 misdemeanor, but the penalties are greater than those for an ordinary DUI. For a first extreme DUI offense, you may face the following penalties:

• At least 30 days in jail with no option for probation or a suspended sentence
• A fine of at least $2,500
• Community service
• Alcohol screening, education and/or treatment
• Having to equip your car with an ignition interlock device
• License suspension of 90 days to one year

One of the starkest differences between extreme DUIs and ordinary DUIs is that extreme DUIs come with a mandatory jail sentence. However, a lawyer may still be able to negotiate other penalties for you.

Super Extreme DUI

Like an extreme DUI, a super extreme DUI is also a Class 1 misdemeanor. You can be charged with a super extreme DUI if your BAC was at least 0.20% when you were arrested. If you’re convicted of a super extreme DUI, the penalties are similar to those for extreme DUI, but you might face additional fines and jail time.

Aggravated DUI

An aggravated DUI is a felony. Under Arizona DUI laws, an aggravated DUI can be a Class 4 or Class 6 felony, depending on the circumstances. A Class 4 felony is more serious than a Class 6

These are some of the situations that may result in an aggravated DUI charge:

• Getting a third or subsequent DUI in 84 months (Class 4)
• Getting a DUI during the time you are required to have an interlock device in your car (Class 4)
• Getting a DUI while driving the wrong way (Class 4)
• Getting a DUI when your license is already suspended or revoked (Class 4)
• Getting a DUI with a child under 15 (Class 6)

If you’re convicted of an aggravated DUI, you may be required to spend at least four months in prison. Fines can reach six figures. Upon release, the felony remains on your record, meaning you lose the right to vote and own a gun.

Have You Been Charged With a DUI in Arizona?

Facing DUI charges in the Grand Canyon State can be daunting. While you might not be able to undo the arrest itself, the next best step you can take is to retain an experienced defense lawyer.

At ConsumerShield, we’re dedicated to connecting people like you with trusted legal representation. Contact us to get started with a free case review today.