Arizona has three tiers of DUI: standard DUI under A.R.S. § 28-1381 (BAC 0.08%+, minimum 10 days jail), extreme DUI under A.R.S. § 28-1382 (BAC 0.15%+, minimum 30 days jail), and aggravated DUI under A.R.S. § 28-1383 (Class 4 felony with mandatory prison time). Arizona also prohibits driving while impaired "to the slightest degree" regardless of BAC. The state has implied consent laws — refusing a breathalyzer triggers automatic license suspension. After a DUI arrest in Phoenix, you have 15 days to request a Maricopa County MVD hearing.
Arizona is widely recognized as having some of the strictest DUI laws in the United States. If you are pulled over and suspected of drunk driving in Phoenix, Scottsdale, Tempe, Mesa, Chandler, or anywhere in Maricopa County, you may be facing one of three distinct charges — each with dramatically different consequences.
This guide explains every tier of Arizona DUI law, the specific statutes involved, minimum and maximum penalties, how implied consent works, and what steps to take if you or someone you know is arrested.
Standard DUI in Arizona is governed by A.R.S. § 28-1381. It is a Class 1 misdemeanor — the most serious misdemeanor classification in Arizona — and applies when a driver:
Extreme DUI under A.R.S. § 28-1382 applies when a driver's BAC is 0.15% or higher. The penalties are significantly harsher than standard DUI — and Arizona also has a "super extreme" category for BAC at 0.20% or above.
Aggravated DUI is a felony in Arizona. Under A.R.S. § 28-1383, a DUI becomes a Class 4 felony — carrying mandatory prison time with no option for probation — when any of the following circumstances apply:
Arizona's implied consent statute means that by operating a motor vehicle in Arizona, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. If you refuse:
When arrested for DUI in Arizona, the officer typically issues an Admin Per Se Affidavit, which acts as a temporary driving permit for 15 days. You must request a Motor Vehicle Division (MVD) hearing within 15 days or your license will be automatically suspended at the end of that period. A DUI defense attorney can request this hearing on your behalf.
An experienced Arizona DUI defense attorney can challenge:
In Arizona, it is illegal to drive with a BAC of 0.08% or higher under A.R.S. § 28-1381. Commercial drivers are held to a 0.04% limit. Extreme DUI is 0.15% or higher under A.R.S. § 28-1382. Arizona also prohibits driving while impaired "to the slightest degree" regardless of BAC.
Extreme DUI under A.R.S. § 28-1382 applies when a driver's BAC is 0.15% or higher. It carries mandatory minimum 30 days in jail (suspended if IID installed for 12 months), fines starting at $2,500, and mandatory alcohol screening. A "super extreme" DUI at 0.20%+ carries 45 days minimum.
Under A.R.S. § 28-1383, a DUI becomes a Class 4 felony (aggravated DUI) if: it is a third offense within 7 years, the driver's license was suspended/revoked, a minor under 15 was in the vehicle, or the driver was driving the wrong way on a highway. Aggravated DUI carries mandatory prison time — no probation.
After a DUI arrest in Phoenix: (1) Do not answer questions beyond providing your name and ID. (2) Request an attorney immediately. (3) Write down everything you remember about the stop. (4) Contact an Arizona DUI defense attorney as soon as possible — you have only 15 days to request an MVD hearing to contest your license suspension.
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