Arizona DUI penalties depend on whether it's your first offense, how high your blood alcohol content was, and whether anyone was hurt

Arizona treats DUI more strictly than most states. The penalties start when ready—even before conviction—with a mandatory license suspension. A first-time DUI with a blood alcohol content (BAC) between 0.08% and 0.149% carries a minimum 10 days in jail, a fine of at least $250, and a three-month license suspension. If your BAC was 0.15% or higher, or if you refused a breath or blood test, the penalties jump to a minimum 30 days in jail and a one-year suspension. These are minimums, not maximums—a judge can impose more.

Repeat offenses and aggravating factors push penalties much higher. A second DUI within seven years means a minimum 90 days in jail and a one-year suspension. A third DUI in seven years is a felony, with a minimum four months in prison and a three-year suspension. If you caused an accident that injured someone, or if a child under 15 was in the vehicle, the charges and sentences become more severe regardless of how many prior offenses you have.

Key Takeaways

  • A first Arizona DUI with a BAC of 0.08% to 0.149% requires a minimum 10 days in jail, a $250+ fine, and a three-month license suspension.
  • A BAC of 0.15% or higher, or a refusal to test, doubles the minimum jail time to 30 days and extends the suspension to one year.
  • A second DUI within seven years is a minimum 90 days in jail and a one-year suspension; a third DUI becomes a felony with prison time.
  • Causing injury, having a child in the vehicle, or driving with a suspended license all trigger enhanced penalties on top of the base DUI sentence.
  • Arizona requires an ignition interlock device on your vehicle for at least one year after a first DUI, regardless of jail time served.

First DUI: Standard BAC versus High BAC

Arizona law divides first-time DUI into two categories based on your BAC reading at the time of arrest. If your BAC was 0.08% to 0.149%, you face a minimum 10 days in jail, a fine starting at $250, and a three-month license suspension. You must also complete a substance abuse education program (usually a one-day class) and pay court costs and restitution.

If your BAC was 0.15% or higher, or if you refused the breath or blood test, the minimum jail time jumps to 30 days. The fine starts at $500, and the license suspension extends to one year. You will also be required to install an ignition interlock device on any vehicle you drive—a device that requires you to blow into it before the engine will start, and it records the results. This device stays on your vehicle for a minimum of one year.

Both categories require you to pay for your own substance abuse counseling or education program, which is not free. The total cost of a first DUI—fines, fees, counseling, interlock device, and increased insurance—typically ranges from $3,000 to $10,000 or more, depending on what the court orders and what your insurance company charges.

Second and Third DUI Offenses Within Seven Years

Arizona counts DUI convictions within a seven-year window. A second DUI in that period is treated as a more serious offense, even if the first one was years ago. The minimum jail sentence is 90 days, the fine starts at $500, and the license suspension is one year. You must install an ignition interlock device for a minimum of one year, and you will be ordered to complete a substance abuse treatment program—not just education, but actual treatment, which is longer and more intensive than a first-offense program.

A third DUI within seven years becomes a felony, not a misdemeanor. This means a minimum four months in prison (not jail—prison), a one-year license suspension, and an ignition interlock device for a minimum of three years. A felony conviction also means you lose certain rights, including the right to vote and to possess firearms in some circumstances, and it appears on background checks for employment, housing, and professional licenses.

The seven-year window is strict. A DUI from eight years ago does not count toward a repeat offense, so you would be treated as a first-time offender. However, Arizona courts can consider older DUIs as "prior bad acts" when deciding whether to impose harsher sentences within the legal range, even if they fall outside the seven-year window.

Aggravating Factors That Increase Penalties

Several circumstances cause Arizona courts to impose penalties above the minimum. If you caused an accident that injured someone, you face felony charges regardless of whether it is your first DUI. If a child under 15 was a passenger in your vehicle, the penalties increase significantly—the minimum jail time doubles, and you face additional charges for child endangerment. If you were driving with a suspended or revoked license at the time of the DUI, the court will add jail time on top of the DUI sentence.

Driving with an extremely high BAC (0.20% or higher) can also trigger enhanced penalties within the judge's discretion. Some judges use this as grounds to impose jail time at the higher end of the range or to order longer substance abuse treatment. If you were speeding, reckless, or involved in a traffic violation when pulled over, that can also influence the sentence, though it does not automatically increase the minimum.

If you refused a breath or blood test, Arizona law treats that refusal as a separate violation with its own penalties. You lose your license for one year on the refusal alone, and the refusal itself can be used as evidence of guilt in court, even though you have the right to refuse.

License Suspension and Ignition Interlock Requirements

Your driver's license suspension begins when ready after arrest in Arizona, even before trial. The Department of Motor Vehicles (DMV) suspends your license for 30 days, then you may be able to request a restricted license that allows you to drive to work, school, or court. After the 30-day hard suspension ends, you can explore for the restricted license if you have not yet been convicted.

Once you are convicted, the court-ordered suspension takes over. For a first DUI with a standard BAC, that is three months. For a high BAC or refusal, it is one year. During this time, you cannot drive at all—not even with a restricted license—unless the court grants you a special exception, which is rare. After the suspension period ends, you must pay a reinstatement fee to the DMV (currently $100) and provide proof of insurance before your license is restored.

An ignition interlock device is mandatory for at least one year after a first DUI in Arizona, regardless of whether you actually spent time in jail. The device costs $50 to $100 to install and $10 to $15 per month to monitor. You pay for this yourself. The device records every time you blow into it, and if you fail a breath test, it logs that failure and may disable your vehicle. Tampering with or removing the device is a separate crime.

Substance Abuse Education and Treatment Programs

Arizona requires all DUI offenders to complete a substance abuse program, but the type and length depend on your offense. For a first DUI, you must complete an alcohol education program, which is typically a one-day or two-day class. For a second or subsequent DUI, you must complete a substance abuse treatment program, which is longer—usually 12 to 16 weeks—and involves counseling, not just classroom instruction.

You must pay for these programs yourself. The cost varies by provider but typically ranges from $300 to $1,500 for an education program and $1,500 to $5,000 for a treatment program. The court will specify which program you must attend, and you must provide proof of completion to the court and the DMV. If you do not complete the program, your license will not be reinstated, and you may face additional charges.

Some courts also order additional counseling or treatment beyond the mandatory program, especially if the DUI involved a high BAC, an accident, or a child passenger. This is at the judge's discretion and can add significantly to the total cost and time commitment.

Fines, Court Costs, and Other Financial Penalties

Arizona DUI fines are set by law, but they are only the starting point. A first DUI with a standard BAC carries a minimum fine of $250. A first DUI with a high BAC or refusal carries a minimum fine of $500. A second DUI carries a minimum fine of $500. A third DUI (felony) carries a minimum fine of $750. These are minimums—judges can impose higher fines within the legal range.

On top of the fine, you must pay court costs, which vary by county but typically range from $100 to $300. You must also pay restitution if your DUI caused property damage or if anyone was injured. If you caused an accident, restitution can be thousands of dollars. You must pay for your own substance abuse program, ignition interlock device, and license reinstatement fee. You will also face higher car insurance premiums for three to five years after a DUI conviction—some insurance companies charge two to three times the normal rate, or may refuse to insure you at all.

If you cannot afford to pay fines and costs, you can request a payment plan from the court. However, the court is not required to grant one, and failure to pay can result in additional charges or license suspension.

Frequently Asked Questions

Does Arizona count a DUI from another state toward a repeat offense?

Yes. Arizona counts DUI convictions from any state within the seven-year window as prior offenses. If you were convicted of DUI in California five years ago and are arrested for DUI in Arizona now, Arizona will treat it as a second offense and impose the harsher penalties for a repeat DUI.

Can I get my license back before the suspension period ends?

Not during the court-ordered suspension. However, you can request a restricted license during the first 30 days after arrest, before conviction, if you have not yet been convicted. After conviction, you must wait out the full suspension period. Once it ends, you can explore for reinstatement by paying the reinstatement fee and providing proof of insurance.

What happens if I get caught driving without a license after a DUI suspension?

Driving with a suspended license in Arizona is a separate crime. If you are caught driving during your DUI suspension, you face additional jail time, fines, and an extended license suspension. A second offense for driving with a suspended license becomes a felony.

Do I have to install an ignition interlock device if I only got probation?

Yes. In Arizona, an ignition interlock device is mandatory for at least one year after any DUI conviction, regardless of whether you received jail time or probation. The only exception is if the court grants a waiver, which is rare and requires showing that the device would cause undue hardship.

Can a DUI conviction be expunged from my record in Arizona?

Arizona does not allow DUI convictions to be expunged. However, after ten years, you may be able to request that the conviction be set aside under Arizona Revised Statutes Section 13-905, which removes some of the collateral consequences but does not erase the conviction from your record. A criminal defense attorney can explain whether this option applies to your case.