Arizona's DUI laws carry mandatory jail time, ignition interlock requirements, and license consequences, even for a first offense. The holiday season, with its parties and late drives home, is a good time to understand them.
This post is a plain-language overview of the basics. It is general information, not legal advice. Laws change, and the details of any case depend on the facts, so anyone facing a charge should talk to a qualified attorney, and anyone with questions about licensing should check with the ADOT Motor Vehicle Division.
Why this matters for wrong-way prevention
ADOT reports that two out of three wrong-way crashes are caused by impaired drivers, and that those drivers often have blood alcohol levels more than twice the legal limit.
Impaired driving is also a major share of Arizona's overall traffic deaths. ADOT's 2024 crash facts report counted 347 alcohol-related fatalities, about 28% of all traffic deaths in the state that year.
The point of explaining the law is not to scare anyone. It is to make the cost of the decision clear before the first drink, while there is still time to plan a ride.
The basic limits
According to a 2024 Arizona Senate Research Staff brief on DUI laws:
- Most drivers: A blood alcohol concentration (BAC) of 0.08 or more within two hours of driving is a DUI.
- Commercial and for-hire drivers: For vehicles that require a commercial license, vehicles for hire, and rideshare vehicles, the threshold is 0.04.
- Drivers under 21: Driving with any alcohol in the body is a violation.
Under A.R.S. 28-1381, it is also unlawful to drive while under the influence of alcohol, drugs, or a combination if you are impaired to the slightest degree. That means a driver can be charged with DUI below 0.08 if impairment is shown.
Three tiers for alcohol
Arizona law separates alcohol DUI into tiers by BAC. Under A.R.S. 28-1382, "extreme DUI" applies at 0.15 or more within two hours of driving, with a higher penalty tier at 0.20 or more.
The Senate brief lists these minimums for a first offense:
| Offense | Minimum jail | Ignition interlock | |---|---|---| | DUI (0.08 to 0.149) | 10 consecutive days | 1 year | | Extreme DUI (0.15 to 0.199) | 30 consecutive days | 1 year | | Extreme DUI (0.20 or more) | 45 consecutive days | 18 months |
For a standard first DUI, a judge can suspend part of the jail time if the person completes a court-ordered program. For extreme DUI, the statute allows a judge to suspend all but nine days (0.15 to 0.199) or all but 14 days (0.20 or more) if the person uses an ignition interlock device for 12 months.
On top of jail, the brief lists minimum fines and state assessments that add up to more than $1,000 for a standard first DUI and more than $2,500 for a first extreme DUI. That does not include attorney fees, insurance increases, interlock costs, or time away from work.
Ignition interlocks
An ignition interlock is a breath-testing device wired into the vehicle. The driver has to blow a clean sample before the car will start.
The Senate brief notes that Arizona requires an interlock for DUI violations involving alcohol, including a first offense.
Your license
A DUI arrest can affect your driving privileges separately from the criminal case.
- Administrative suspension: The brief describes a minimum 90-day suspension that can be reduced to 30 days followed by 60 days of restricted driving.
- Refusing a test: Under Arizona's implied consent law, refusing a requested test results in a 12-month suspension for a first refusal, and two years for a second refusal within seven years.
Drugs count, too
Arizona's DUI law covers drugs as well as alcohol, including prescription medications and marijuana. Recreational marijuana is legal for adults in Arizona, but driving while impaired by it is not. We will cover drug-impaired driving in more detail in a later post.
The simpler way to think about it
The details above are complicated. The decision that avoids all of them is not.
Plan the ride before you go out. Rideshare, a taxi, a designated driver who stays sober, or a place to stay the night.
Do not count drinks and guess. BAC depends on body weight, food, time, and many other factors. A driver who feels fine can still be over the limit, and impairment starts well before 0.08.
Remember the morning after. Alcohol takes time to leave the body. A late night can mean a driver is still impaired the next morning.
Speak up for someone else. If a friend or relative is about to drive after drinking, offer a ride, call one, or ask them to stay.
Why we write about this
NMWWD is a Phoenix-based nonprofit working to prevent wrong-way crashes. Most of those crashes start with an impaired driver getting behind the wheel. Every planned ride home is a wrong-way crash that never has a chance to happen.
If you would like to help us share that message across Arizona this holiday season, get involved or support our work.
Sources: Arizona State Senate Research Staff — DUI Laws and DUI Courts (2024) · Arizona Revised Statutes — 28-1381, Driving under the influence · Arizona Revised Statutes — 28-1382, Extreme DUI · Arizona Department of Transportation — Traffic fatalities in Arizona dip for second year in a row · Arizona Department of Transportation — Wrong-Way Drivers