DUI Laws in Arizona: Penalties, BAC Limits & License Suspension

In Arizona, drunk or drugged driving is charged as "Driving Under the Influence" (DUI) under Arizona Revised Statutes (A.R.S.) § 28-1381. The standard per se limit is a blood or breath alcohol concentration (BAC) of 0.08%, but Arizona also has an "Extreme DUI" tier starting at 0.15% and a "Super Extreme DUI" tier at 0.20% that carry harsher mandatory penalties. If you were arrested, the single most urgent thing to know is this: the Arizona Department of Transportation Motor Vehicle Division (MVD) can suspend your license on its own, separate from any criminal case, and you generally have only 30 days from the date on your suspension notice to request a hearing to contest it. Miss that window and the suspension becomes final automatically, whether or not you're ever convicted.

This guide explains what Arizona calls the offense, the BAC thresholds that apply to you, what happens if you refuse testing, how the administrative suspension clock works, and what a first offense typically exposes you to. Arizona's DUI laws are detailed and change periodically, so treat the specifics below as a starting point for verifying with the MVD, the Arizona Revised Statutes, or a local criminal defense attorney - not as a substitute for that verification.

What the offense is called in Arizona

Arizona law does not use "DWI," "OWI," or "OVI" - the offense is simply "Driving or Actual Physical Control While Under the Influence," commonly shortened to DUI. It's codified across several related statutes:

• A.R.S. § 28-1381 - standard DUI (impaired "to the slightest degree," or BAC of 0.08% or more within two hours of driving)
• A.R.S. § 28-1382 - Extreme DUI (0.15% to under 0.20%) and Super Extreme DUI (0.20% or more)
• A.R.S. § 28-1383 - Aggravated DUI (the felony version)

Notably, Arizona's standard DUI statute doesn't require the state to prove a specific BAC at all - "impaired to the slightest degree" by alcohol or drugs is enough on its own, and a BAC of 0.08% or higher within two hours of driving is treated as DUI per se regardless of whether you appeared impaired.

BAC limits in Arizona

• 0.08% - the standard per se limit for drivers 21 and over (this is the same across the United States, not unique to Arizona).
• 0.04% - the limit for commercial driver's license (CDL) holders operating a commercial motor vehicle. A CDL holder driving a personal vehicle is still held to the standard 0.08% limit for DUI purposes, but any DUI arrest or conviction can also trigger separate CDL disqualification consequences.
• Zero tolerance - for drivers under 21, Arizona prohibits driving with any detectable amount of alcohol in the body under A.R.S. § 4-244(34). The state doesn't need to prove impairment or reach 0.08% - a trace amount is enough for a minor to be charged.
• 0.15% and 0.20% - Extreme and Super Extreme DUI - Arizona is one of the states with an added "aggravated BAC" tier built into the ordinary (non-felony) DUI scheme. A BAC of 0.15% up to 0.20% is charged as Extreme DUI under § 28-1382(A)(1); 0.20% or higher is Super Extreme DUI under § 28-1382(A)(2). Both carry mandatory minimums well above standard DUI, even for a first offense.

Implied consent and refusing a chemical test

By driving in Arizona, you've legally agreed in advance to submit to a breath, blood, or urine test if a law enforcement officer has reasonable grounds to believe you were driving under the influence - this is Arizona's implied consent law, A.R.S. § 28-1321. You can still say no, but refusal has its own automatic consequence, separate from any DUI charge:

• First refusal: automatic 12-month license suspension.
• Second or subsequent refusal within 84 months (7 years): automatic 2-year suspension.

This suspension is imposed by the MVD administratively and applies even if you're never convicted of - or even charged with - DUI. On top of that, if your case goes to trial, prosecutors are generally allowed to tell the jury that you refused testing, and refusal can be used as evidence suggesting consciousness of guilt. Refusing does not make a DUI charge go away; it adds a separate, largely unavoidable license consequence on top of whatever happens in the criminal case.

Administrative License Suspension - the deadline that matters most

Separate from the criminal court process, Arizona's MVD can suspend your license administratively based on a police officer's report - either because you refused testing (above) or because you tested at or above the per se limit. This is often called an "admin per se" or implied-consent suspension, and it runs on its own clock:

• You (or the officer) should receive a written notice of suspension at the time of arrest or shortly after.
• Under the implied-consent statute you generally have 30 days from the date of that notice to request a hearing with the MVD to contest the suspension. If you don't request a hearing in time, the suspension becomes final automatically.
• If no hearing is requested, the suspension order typically takes effect 30 days after the notice date; a temporary permit may bridge that gap.
• The hearing is handled through the Arizona Department of Transportation Motor Vehicle Division (MVD) - through its Executive Hearing Office - not the criminal court.

Treat this deadline as urgent. This administrative suspension is entirely separate from your criminal DUI case - it can take away your license before you've even been arraigned, and it proceeds on its own even if the criminal charge is later reduced or dismissed. Deadlines can differ depending on the exact notice you received, so confirm the precise deadline and process on your specific notice, or by calling the MVD or a local defense attorney immediately - don't wait to "see what happens" with the criminal case.

First-offense penalties

Exact fine amounts, jail-day counts, and program requirements are set by statute and court schedules that change over time, so confirm current figures with the Arizona Revised Statutes or a local court/attorney. In general pattern, a first-offense standard DUI (§ 28-1381) in Arizona involves:

• License suspension: a suspension period (commonly discussed as around 90 days total, which may be split between a short period during which you cannot drive at all and a longer restricted-driving period if you qualify for a screening/treatment pathway) - confirm the current split and eligibility rules with the MVD.
• Ignition interlock device (IID): Arizona requires an IID on any vehicle you operate following an alcohol-related DUI conviction, including a first offense. The required installation period can vary depending on the offense level and your compliance, so confirm the current requirement for your situation.
• Jail and fines: a first-offense conviction carries mandatory minimum jail exposure (with some of that time potentially suspended if you complete required alcohol/drug screening or classes) plus mandatory fines and surcharges. Extreme DUI (0.15%+) and Super Extreme DUI (0.20%+) carry higher mandatory minimums than a standard first offense. Do not rely on any specific dollar figure or day count you find online - verify current numbers directly against the statute or with a defense attorney.

Lookback (washout) period

Arizona uses an 84-month (7-year) lookback period for counting prior DUI convictions toward enhanced penalties. This is measured offense-date to offense-date - from the date of the earlier offense to the date of the new one - not conviction-to-conviction. Prior convictions under §§ 28-1381, 28-1382, or 28-1383 (and comparable out-of-state DUI convictions) generally count within that 84-month window.

Felony ("Aggravated") DUI

Most Arizona DUIs are misdemeanors, but a DUI becomes Aggravated DUI - a felony under A.R.S. § 28-1383 - if any of the following applies:

• You were driving under the influence while your license was already suspended, canceled, revoked, or refused;
• It's your third or subsequent DUI within the 84-month lookback period;
• A person under 15 years old was in the vehicle with you;
• You drove under the influence while required to have an ignition interlock device installed; or
• You were driving the wrong way on a highway while under the influence.

Most aggravated DUI offenses are felonies with significantly higher exposure than a misdemeanor DUI, including possible prison time. A DUI that causes serious injury or death can also lead to separate, more serious felony charges outside the DUI statutes entirely. If any of these factors apply to your situation, the stakes are considerably higher and getting an attorney involved quickly matters even more.

What to do after a DUI arrest in Arizona

1. Read every document you were given at arrest or that arrives by mail. Look for a suspension notice and note its date - that date starts your clock.
2. Calendar the MVD hearing deadline immediately. Under the implied-consent statute you generally have 30 days from the notice date to request a hearing contesting the administrative suspension. This is separate from your criminal court date and does not wait for the criminal case to resolve - missing it lets the suspension become final automatically.
3. Contact the Arizona MVD or a local criminal defense attorney right away to confirm the exact deadline on your notice and how to request the hearing (some notices allow this by mail, online, or in person).
4. Do not miss your criminal court date. The criminal case (misdemeanor or felony charges) proceeds separately from the MVD administrative suspension, and missing court creates its own additional problems.
5. Get a copy of the police report and any test records as soon as they're available; an attorney will want to review the stop, the testing method, and the paperwork for errors.
6. Avoid driving on a suspended license. Doing so before you've sorted out any interim/restricted permit can add new charges on top of the DUI.
7. If you're required to install an ignition interlock device, confirm the requirement and timeline with the MVD before you get back behind the wheel.

Sources consulted include the Arizona Revised Statutes as published by the Arizona State Legislature (azleg.gov), specifically §§ 28-1321, 28-1381, 28-1382, 28-1383, and 4-244(34); the Arizona Department of Transportation Motor Vehicle Division (azdot.gov); and the Arizona Governor's Office of Highway Safety (gohs.az.gov). Always confirm current details directly with these official sources, since statutes and administrative procedures are amended over time.

This article is general legal information about Arizona law, not legal advice for your specific situation - talk to a licensed Arizona attorney about your case.