• State Penal Code – ARS Title 28-1381
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – at least once per month
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Arizona are:

1st Refusal

• 1 year license suspension

2nd Refusal

• 2 year license suspension

3rd Refusal

• 2 year license suspension

In Arizona the lookback period is 7 years
Any arrest for DUI/DWI within 7 years of your first offense results in higher penalties

Drivers under 21 with a BAC of .01% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• license suspension (90 day minimum, 360 day maximum)

• $1600 fine

• Prison (minimum of 24 hours, maximum of 10 days)

2nd Offense

• 1 year license suspension
• $2500 fine

• Prison (30 day minimum, 90 day maximum)

• The State of Arizona has two separate categories that result in drastically increased penalties. Aggravated, and Extreme.
• In this section we will go over what constitutes an Aggravated DUI/DWI violation, and the penalties associated with it.

– You will be charged with an Aggravated DUI/DWI in the State of Arizona if you are arrested under any of these three circumstances:

1. You are arrested for DUI/DWI while driving with a suspended/revoked driver’s license
2. A 3rd arrest for DUI/DWI in a 84 month period
3. If you are arrested with a passenger 15 years or younger

– Penalties include:

• 3 year license revocation

• Required completion of an alcohol/drug screening, treatment, and education program

• Prison (2 year sentence)

• Community Service

• Ignition Interlock Device must be installed on every vehicle you drive

(These penalties are in addition to the penalties associated with a standard or extreme DUI/DWI)

1st Offense

• 1 year license suspension

• $1250 fine

• Required completion of an alcohol/drug screening, treatment, and education program

• Prison (10 day sentence)

• Community Service

• Ignition Interlock Device must be installed on every vehicle you drive

2nd Offense

• 1 year license revocation

• $3000 fine

• Required completion of an alcohol/drug screening, treatment, and education program

• Prison (90 day minimum)

• Community Service

• Ignition Interlock Device must be installed on every vehicle you drive

• The State of Arizona has two separate categories that result in drastically increased penalties. Aggravated, and Extreme.
• In this section we will go over what constitutes an Extreme DUI/DWI violation, and the penalties associated with it.
• You will be charged with an Extreme DUI/DWI in the State of Arizona if your BAC is .15 or above.

1st Offense

• 1 year license suspension

• $2500 fine

• Required completion of an alcohol/drug screening, treatment, and education program

• Prison (30 day sentence)

• Community Service

• Ignition Interlock Device must be installed on every vehicle you drive

2nd Offense

• 1 year license revocation

• $3250 fine

• Required completion of an alcohol/drug screening, treatment, and education program

• Prison (120 day minimum)

• Community Service

• Ignition Interlock Device must be installed on every vehicle you drive

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Arizona an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Arizona does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply