Arizona DUI Laws: Penalties, BAC Limit & License (2026)

In Arizona the offense is called driving under the influence (DUI), and Arizona Revised Statutes 28-1381 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a class 1 misdemeanor carrying a mandatory minimum of 10 days in jail, fines and assessments over $1,500, a mandatory ignition interlock device, and a 90-day license suspension.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Arizona

Arizona's core DUI statute, ARS 28-1381, creates several ways to charge the offense. A person commits DUI by driving or being in actual physical control of a vehicle while impaired to the slightest degree by alcohol or drugs, or with a BAC of 0.08 percent or more within two hours of driving. Because the impairment route does not require a specific number, a driver can be convicted below 0.08 if the state proves impairment to the slightest degree. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under a zero-tolerance rule that bars driving with any spirituous liquor in the body. A separate statute, ARS 28-1382, creates extreme DUI at 0.15 percent or more, with harsher mandatory penalties. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DUI penalties in Arizona (jail, fines, suspension)

A first DUI under ARS 28-1381 is a class 1 misdemeanor, the most serious misdemeanor class. The statute sets a mandatory minimum of 10 consecutive days in jail, though under subsection J a judge may suspend all but one day if the person completes a court-ordered alcohol or other drug screening, education or treatment program. The base fine is not less than $250, plus a $500 prison construction assessment and a $500 public safety equipment assessment, which along with surcharges push the total well past $1,500. The driver must also complete traffic survival school. According to the Arizona Department of Transportation, the Motor Vehicle Division suspends the license for 90 days, with the option of restricted driving privileges for part of that period after a 30-day full suspension.

Watch out: The MVD administrative suspension and the criminal court case run on separate tracks. You can resolve the criminal case and still lose your license through the MVD, and you generally must request an MVD hearing within 15 days of the notice to contest the administrative suspension.

Ignition interlock requirements in Arizona

Arizona mandates an ignition interlock device on every alcohol-related DUI, including a first offense, which sets it apart from states that exempt low-level first offenders. Under ARS 28-1381, the device is required for at least 12 months from the date the person completes the interlock program, and the court can extend that term. After serving part of the suspension, a driver may apply for a special ignition interlock restricted driver license that allows limited driving with the device installed, as the Arizona Department of Transportation describes. An extreme DUI at 0.15 percent under ARS 28-1382 carries the same interlock requirement, and repeat and aggravated offenses carry longer terms. The device requires a breath sample before the engine starts and at random points during a trip, logging each reading for review.

License suspension and the administrative process in Arizona

Arizona runs two suspension systems at once. The administrative suspension is an MVD action under ARS 28-1385 based on a chemical test result of 0.08 percent or more, independent of the criminal court outcome. As the Arizona Department of Transportation explains, the arresting officer serves an order of suspension that also acts as a temporary permit, and the suspension takes effect after 15 days unless the driver requests a hearing within that window. For a first offense, the administrative suspension is 90 days, often structured as 30 days of full suspension followed by 60 days of restricted driving after the driver completes screening. A separate court-ordered suspension can follow a conviction. Reinstatement requires completing the alcohol program, filing proof of financial responsibility (an SR-22), and paying fees.

Repeat offenses and the Arizona look-back period

Arizona counts prior DUIs within an 84-month (7-year) look-back window, so penalties escalate for offenses inside that period. A second DUI within 84 months carries a mandatory minimum of 90 days in jail, a larger fine, a one-year license revocation, and a longer interlock term. The felony threshold is reached at the third offense: under ARS 28-1383, a third DUI within 84 months is aggravated DUI, a class 4 felony punishable by a prison term and a minimum of four months of incarceration before release eligibility. Aggravated DUI also applies regardless of offense number when the driver commits a DUI while the license is suspended, revoked, or canceled, which is also a class 4 felony, or with a passenger under 15 years old in the vehicle, which ARS 28-1383(A)(3) and (O) classify as a lower class 6 felony with lighter presumptive sentencing than the class 4 grounds. A DUI causing serious injury or death is charged under separate felony statutes.

Watch out: Refusing a breath or blood test does not avoid a suspension and usually makes it worse. A first refusal triggers a 12-month administrative license suspension, far longer than the 90-day suspension for failing the test, and officers can seek a warrant to draw blood.

Refusing a breath or blood test in Arizona

Arizona's implied consent law, in ARS 28-1321, provides that by driving in the state you have agreed to submit to a chemical test of blood, breath, or urine if lawfully arrested for DUI. Refusing the test triggers an administrative license suspension imposed by the MVD: 12 months for a first refusal and 24 months for a second refusal within 84 months, as the Arizona Department of Transportation sets out. That refusal suspension is far longer than the 90-day suspension for failing the test, so refusing usually makes the license consequences worse. Officers can also obtain a warrant to draw blood when a driver refuses, particularly in cases involving an accident or injuries. The refusal can be raised in the criminal case as well.

Can you expunge or seal a DUI in Arizona

Arizona does not erase DUI convictions, but it offers two limited forms of relief. Under ARS 13-905, a person who completes probation or a sentence can apply to set aside the judgment of guilt, which releases the person from most penalties and disabilities of the conviction; the set-aside does not remove the record but adds a notation that it was set aside. Separately, under ARS 13-911, effective at the end of 2022, a person may petition to seal the record of a conviction after a waiting period that runs from completion of the sentence. For a class 1 misdemeanor such as a standard first DUI, that waiting period is generally three years, with longer periods for felony aggravated DUI. A sealed or set-aside DUI still counts as a prior for the 84-month look-back, and sealing eligibility is narrow.

What to do after a DUI arrest in Arizona

An Arizona DUI generates two cases at once: a criminal case in court and an administrative license case at the MVD. The deadlines are short, so a common first step is to request an MVD hearing within 15 days of the order of suspension, because missing that window generally means the suspension takes effect automatically. The criminal case proceeds on its own schedule through arraignment, pretrial, and resolution. General information cannot tell you how your case will come out, because the outcome depends on the specific facts, the evidence, and your record. To keep both cases on track, get a free consultation from an Arizona DUI lawyer on the MVD hearing request and the court case (attorney advertising). Keep copies of the arrest report, the order of suspension, and any test results.

More Arizona Laws

• Arizona Expungement Laws
• Arizona Warrant Search

Frequently Asked Questions

What is the BAC limit in Arizona?

The per se limit is 0.08 percent BAC under ARS 28-1381. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a zero-tolerance rule that bars any spirituous liquor in the body. An extreme DUI is charged at 0.15 percent or higher.

How long do you lose your license for a first DUI in Arizona?

A first DUI carries a 90-day MVD suspension, often structured as 30 days of full suspension followed by 60 days of restricted driving after completing screening. The MVD suspension runs separately from the criminal case.

Is a first DUI a felony in Arizona?

No. A first DUI is a class 1 misdemeanor. A DUI becomes a class 4 felony (aggravated DUI) on the third offense within 84 months under ARS 28-1383, or sooner if committed on a suspended license. A DUI with a child under 15 in the vehicle is also aggravated DUI regardless of offense number, but a lower class 6 felony.

Do you need an interlock for a first DUI in Arizona?

Yes. Arizona requires an ignition interlock device on every alcohol-related DUI, including a first offense, for at least 12 months. Installing the device also lets a driver apply for a special ignition interlock restricted license.

What happens if you refuse a breathalyzer in Arizona?

Under implied consent, refusing the chemical test triggers a 12-month administrative license suspension for a first refusal, far longer than the 90-day suspension for failing the test. Officers can also obtain a warrant for a blood draw.

How long does a DUI stay on your record in Arizona?

A DUI counts as a prior for 84 months (7 years) under Arizona's look-back period. The conviction stays on the record unless it is set aside under ARS 13-905 or sealed under ARS 13-911, which for a first DUI is generally available after a three-year waiting period.

Can you get a DUI expunged in Arizona?

Arizona does not erase DUI convictions, but a first DUI can be set aside under ARS 13-905 after the sentence is completed and may be sealed under ARS 13-911 after a waiting period, generally three years for a class 1 misdemeanor.

What is the look-back period for DUI in Arizona?

Arizona uses an 84-month (7-year) look-back period. Prior DUI convictions within 84 months count toward enhanced penalties for a second offense and toward the class 4 felony aggravated DUI at the third offense.