Arizona DUI/DWI Laws

Quick Overview of Penalties for DUI/DWI
- BAC Percentage for (Extreme) Increased Penalty – .15
- License Suspension for 1st Offense – Yes
- Limited Driving Privileges During Suspension – Yes
- Ignition Interlock – Mandatory for all convictions
- Vehicle and License Plate Sanctions – Immobilization or impoundment
General State Information
- 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
Understanding DUI/DWI Penalties
There are four main factors that determine the severity of the penalties incurred:
- The age of the driver
- The substance impairing you. This may be drugs, or alcohol, or both
- The category of your driver’s license (Restricted, CDL)
- Whether you refused a chemical test
Chemical Test Refusal
– 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
Lookback Period
In Arizona the lookback period is 7 years
Any arrest for DUI/DWI within 7 years of your first offense results in higher penalties
Zero Tolerance
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
Penalties for Underage Drivers (under 21)
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)
DUI/DWI Penalties/Alcohol/Drug related (Aggravated)
- 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:
- You are arrested for DUI/DWI while driving with a suspended/revoked driver’s license
- A 3rd arrest for DUI/DWI in a 84 month period
- 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)
- 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)
DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)
1st Offense
- 1 year license suspension
- $1250 fine
- Required completion of an alcohol/drug screening, treatment, and education program
- Prison (10 day sentence)
- 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)
- Ignition Interlock Device must be installed on every vehicle you drive
DUI/DWI Penalties/Alcohol/Drug related (Extreme)
- 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)
- 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)
- Ignition Interlock Device must be installed on every vehicle you drive
CDL Drivers (Commercial)
- 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 Requirement
- 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
- 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