How Arizona structures DUI penalties by offense class and history

Arizona divides DUI penalties into three offense classes — standard DUI, extreme DUI, and super extreme DUI — based on blood alcohol content (BAC) at the time of arrest. Each class carries different minimum jail time, fines, and license suspension periods. A driver's prior conviction history over the past ten years also changes the sentence: a first offense carries lighter penalties than a second or third within that window, and a fourth DUI in ten years becomes a felony.

The penalties are set by Arizona Revised Statutes § 28-1383 for standard DUI and § 28-1384 for extreme and super extreme DUI. Courts must impose at least the minimum sentence for the offense class and prior history combination, though judges can impose more. Understanding where your case falls helps you know what to expect when you meet with a defense attorney or appear in court.

Key Takeaways

  • Arizona has three DUI offense classes based on BAC level: standard (0.08–0.149%), extreme (0.15–0.199%), and super extreme (0.20% or higher), each with different minimum penalties.
  • A first DUI conviction within ten years carries jail time ranging from 10 days to 6 months depending on offense class, plus fines from $250 to $2,500 and a mandatory license suspension.
  • A second DUI within ten years doubles or triples the minimum jail time and adds an ignition interlock device requirement for at least one year.
  • A fourth DUI within ten years becomes a felony, carrying 4 to 15 months in prison and permanent license revocation, regardless of BAC level.
  • Penalties increase further if the DUI involved a minor passenger, a suspended license, or property damage or injury.

First DUI offense: jail, fines, and license suspension by BAC level

A first standard DUI (BAC 0.08% to 0.149%) carries a minimum of 10 days in jail, a $250 fine, and a one-year license suspension. If you refused the breath or blood test, the suspension extends to two years. You must also complete a DUI education program and pay court costs and fees, which typically add $500 to $1,000 to the total cost.

A first extreme DUI (BAC 0.15% to 0.199%) increases the minimum jail time to 30 days, the fine to $500, and adds a mandatory ignition interlock device (IID) for at least one year. The license suspension remains one year, or two years if you refused the test. An ignition interlock costs roughly $60 to $100 per month to install and monitor.

A first super extreme DUI (BAC 0.20% or higher) requires a minimum of 45 days in jail, a $750 fine, and an IID for at least one year. The license suspension is the same as extreme DUI. Courts may also order community service, restitution if anyone was injured, and probation lasting up to five years.

Second DUI within ten years: escalated jail time and mandatory interlock

A second standard DUI within ten years carries a minimum of 90 days in jail (compared to 10 days for a first), a $500 fine, and a two-year license suspension. An ignition interlock device becomes mandatory for at least one year, even though the BAC was below 0.15%. You must also complete a longer DUI education program, usually 36 hours instead of 8 hours.

A second extreme DUI requires a minimum of 120 days in jail, a $750 fine, and a three-year license suspension. The ignition interlock requirement extends to at least one year. If you refused the test on either the first or second arrest, the suspension periods lengthen to four years.

A second super extreme DUI mandates a minimum of 180 days in jail, a $1,000 fine, and a three-year license suspension. The ignition interlock requirement is at least one year. Courts frequently impose probation and may order an alcohol treatment program lasting 90 days or longer.

Third DUI within ten years: felony threshold and prison time

A third DUI within ten years becomes a felony in Arizona, even if all three arrests involved standard DUI with low BAC levels. The offense is classified as a Class 4 felony, carrying a minimum prison sentence of 4 months and a maximum of 3 years. A fine of $2,500 is mandatory, and the driver's license is revoked for at least three years.

An ignition interlock device is required for at least one year after license reinstatement. The driver must also complete a 36-month alcohol treatment program and pay restitution if anyone was harmed. A felony conviction creates a permanent criminal record and can affect employment, housing, professional licensing, and firearm ownership.

If the third DUI involved extreme or super extreme BAC levels, the prison sentence may be longer, and the court may impose additional conditions such as extended probation or residential treatment. Some judges also order electronic monitoring (ankle bracelet) as a condition of probation.

Fourth and subsequent DUI: felony with mandatory prison and permanent revocation

A fourth DUI within ten years is a Class 2 felony, the most serious DUI charge in Arizona. The minimum prison sentence is 4 months; the maximum is 15 years. The driver's license is permanently revoked with no possibility of reinstatement, meaning the person cannot legally drive in Arizona for the rest of their life. A fine of $2,500 is mandatory.

An ignition interlock device is required for the duration of probation, which typically lasts five years. The driver must complete a 36-month alcohol treatment program and may be ordered to wear an electronic monitoring device. Restitution to any victims is also required.

A fifth or subsequent DUI carries the same Class 2 felony penalties. The permanent license revocation applies to all fourth-and-beyond offenses. These convictions are not may be able to access for expungement (record clearing) in Arizona, so the felony remains on the person's record permanently.

Aggravating factors that increase penalties beyond the minimum

Arizona law allows judges to impose sentences above the minimum if aggravating factors are present. A DUI with a minor passenger (under 15 years old) in the vehicle adds a mandatory 10 days in jail for a first offense and increases fines by $500. A second or subsequent DUI with a minor passenger adds 30 days in jail and $1,000 to the fine.

A DUI committed while the driver's license was suspended or revoked adds 30 days in jail and $500 to the fine for a first offense. A DUI that caused property damage or injury (without serious injury) allows the judge to impose jail time up to the maximum for that offense class. A DUI that caused serious injury or death is charged as a separate felony with much longer prison sentences.

Refusal to submit to a breath or blood test does not add jail time directly, but it extends the license suspension period and can be used as evidence of guilt in court. A prior DUI conviction outside the ten-year window does not count toward the offense class but may be considered by the judge as a reason to impose a harsher sentence within the allowed range.

License suspension and ignition interlock requirements

Arizona imposes two types of license suspension: an administrative suspension by the Department of Transportation (based on the arrest and BAC test result) and a court-ordered suspension (based on conviction). The administrative suspension begins when ready after arrest if the BAC was 0.08% or higher or if you refused the test. You have 15 days from the arrest to request a hearing to contest it.

An ignition interlock device is a breathalyzer installed in the vehicle's dashboard that prevents the engine from starting if alcohol is detected on the driver's breath. For a first extreme or super extreme DUI, the IID is mandatory for at least one year. For a second DUI of any class, the IID is mandatory for at least one year. For a third or fourth DUI, the IID is mandatory for the duration of probation, which is typically five years.

The driver pays for the IID installation and monthly monitoring fees. Some providers charge $60 to $100 per month. If the driver fails an IID test (by attempting to drive with alcohol in their system), the device records the violation, and the court may extend the requirement or impose additional penalties. A few Arizona counties offer reduced-cost IID programs for low-income drivers, but availability varies.

Frequently Asked Questions

How long does a DUI stay on my record in Arizona?

A DUI conviction remains on your criminal record permanently in Arizona. It cannot be expunged (erased) unless the charges were dismissed or you were acquitted. For employment, housing, and professional licensing purposes, the conviction will show up on background checks for life.

Can I get a restricted license while my license is suspended?

Yes, Arizona allows a restricted license (also called a work permit) during the suspension period if you have an ignition interlock device installed. The restricted license allows you to drive only to work, school, medical appointments, and DUI education programs. You must request it from the court or the Department of Transportation and provide proof of IID installation.

What happens if I violate the terms of my DUI sentence, like missing a treatment program?

Violating probation conditions can result in additional jail time, extended probation, or revocation of a restricted license. The court may also impose a harsher sentence within the allowed range for your offense class. If you miss a program or appointment, contact your probation officer or attorney when ready to explain and reschedule.

Does Arizona count DUI convictions from other states toward the ten-year lookback?

Yes, Arizona counts DUI or DWI convictions from any other state within the past ten years when determining offense class and prior history. A conviction from another state is treated the same as an Arizona conviction for sentencing purposes, so a second DUI in Arizona following an out-of-state DUI is still charged as a second offense.

Can the penalties be reduced if I plead guilty or no contest?

Pleading guilty or no contest does not automatically reduce the mandatory minimum penalties set by law. However, it may allow the judge to consider mitigating factors (such as substance abuse treatment you have already completed) and may result in a lighter sentence within the allowed range. An attorney can negotiate with the prosecutor for a reduced charge or sentence recommendation before trial.