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Arizona DUI Penalty Chart: What the Law Actually Imposes at Each Level

Getting stopped for DUI in Arizona isn't a minor inconvenience. The state has some of the strictest DUI laws in the country, and penalties escalate sharply based on your blood alcohol concentration (BAC), your driving history, and whether aggravating factors apply. Here's how Arizona structures those penalties — and why your specific outcome depends on details no chart can fully capture.

How Arizona Categorizes DUI Offenses

Arizona law creates distinct DUI tiers, each carrying its own mandatory minimums. The tier you fall into depends primarily on your BAC at the time of arrest, your prior DUI history within a 7-year lookback period, and whether certain aggravating factors are present.

The four main categories:

  • Standard DUI — BAC of 0.08% or higher (or impaired to the slightest degree)
  • Extreme DUI — BAC of 0.15% or higher
  • Super Extreme DUI — BAC of 0.20% or higher
  • Aggravated DUI — A felony classification triggered by specific circumstances

Arizona DUI Penalty Chart by Offense Level

First Offense Penalties

Offense TypeJail (Minimum)Fine (Estimated)License SuspensionIID Required
Standard DUI (1st)10 days (9 can be suspended)~$1,500+ in fines/fees90 daysYes
Extreme DUI (1st)30 days (none suspendable)~$2,500+90 daysYes
Super Extreme DUI (1st)45 days (none suspendable)~$3,000+90 daysYes

Fine estimates reflect base fines plus mandatory surcharges and assessments. Actual total costs are often significantly higher after all fees, required programs, and IID installation.

Second Offense Penalties (Within 7 Years)

Offense TypeJail (Minimum)Fine (Estimated)License RevocationIID Required
Standard DUI (2nd)90 days (60 can be suspended)~$3,000+1 yearYes
Extreme DUI (2nd)120 days~$3,500+1 yearYes
Super Extreme DUI (2nd)180 days~$4,500+1 yearYes

Aggravated DUI — Felony Territory ⚠️

Aggravated DUI is a Class 4 felony (or Class 6 in some circumstances) triggered when any of the following apply:

  • Third DUI offense within 7 years
  • DUI while driving on a suspended, revoked, or restricted license
  • DUI with a passenger under age 15 in the vehicle
  • DUI while required to have an ignition interlock device installed

Penalties for Aggravated DUI:

  • Minimum 4 months in state prison (not county jail)
  • License revocation of at least 3 years
  • Mandatory ignition interlock device after reinstatement
  • Fines, fees, and surcharges that can exceed $4,000
  • Felony record with lasting consequences for employment, housing, and licensing

Key Variables That Shape Individual Outcomes

No two DUI cases produce identical results, even when the BAC and offense number are the same. Several factors push outcomes in different directions:

BAC level — Even within a tier, being at 0.16% versus 0.21% affects how prosecutors and judges approach the case.

Prior record — The 7-year lookback window is strict. A DUI from 8 years ago generally won't count as a prior, but one from 6 years ago will.

Refusal to test — Refusing a breathalyzer or blood test in Arizona triggers automatic license suspension under implied consent laws, separate from any criminal penalties. Refusal can also be used as evidence in court.

Whether a minor was in the vehicle — This immediately escalates the charge to felony territory regardless of BAC or prior history.

Plea agreements — Many DUI cases resolve through negotiation. The statutory minimums above are floors, not guaranteed outcomes.

Judge and jurisdiction — Maricopa County, Pima County, and smaller jurisdictions can have different practices around sentencing within the same statutory framework.

Costs Beyond the Chart 💸

The penalty chart captures jail time and base fines, but the true financial impact of an Arizona DUI is considerably larger. Common additional costs include:

  • Alcohol screening and treatment programs (required for reinstatement)
  • Ignition interlock device (IID) rental and monitoring fees — typically $70–$150/month for the duration of the requirement
  • SR-22 insurance — a high-risk insurance certificate required after a DUI, often for several years, which significantly increases premiums
  • License reinstatement fees
  • Attorney fees, if applicable

The first-year total cost of a standard first-offense DUI in Arizona is frequently cited in the range of $10,000–$15,000 when all costs are added together, though that figure varies widely by case.

What the Chart Can't Tell You

The statutory minimums and general fee ranges here reflect Arizona law as broadly written. What they can't reflect: how your specific case was charged, whether any procedural issues affect admissibility of BAC evidence, the terms of any plea agreement, or how a particular court handles sentencing discretion.

Arizona also periodically updates its DUI statutes — penalties that were accurate last year may have been adjusted by the legislature or modified by court decisions. The difference between a 10-day sentence with 9 days suspended and 45 days with no suspension ability is the kind of distinction that changes everything about what someone actually experiences — and it comes down to specifics no general chart resolves on its own.