J
By
John Quigley, Legal Content Director · Reviewed against current A.R.S. · Last reviewed 2026-06-11
A DUI charge in the Phoenix metro carries some of the toughest mandatory penalties in the country, including jail time even on a first offense and a required ignition interlock device. Understanding how Arizona’s DUI statutes and the MVD process work is the first step to protecting your license and your record.
What Arizona law says
A.R.S. § 28-1381 — The core DUI statute — it is illegal to drive impaired to the slightest degree or with a BAC of 0.08% or higher.
A.R.S. § 28-1382 — Extreme (0.15%+) and Super Extreme (0.20%+) DUI, which carry escalating mandatory jail and longer interlock requirements.
A.R.S. § 28-1321 — Arizona’s implied-consent law. A refusal triggers an automatic license suspension, and you have only 15 days to request an MVD hearing to contest it.
⏱ Key deadline
Critical deadline: you have just 15 days from a DUI arrest to request an MVD hearing, or your license is automatically suspended.
How DUI defense cases work in Maricopa County
Misdemeanor DUIs in the Phoenix metro are typically prosecuted in the city court where the stop occurred (Phoenix, Scottsdale, Tempe, Mesa and others), while felony (aggravated) DUIs go to Maricopa County Superior Court. The criminal case and the MVD administrative license action run on separate tracks and separate deadlines.
Frequently asked questions
Is jail mandatory for a first DUI in Arizona?
Yes. A.R.S. § 28-1381 sets a mandatory minimum jail term even for a first offense, though much of it can often be suspended on completion of alcohol screening — an attorney can explain how this applies to your case.
What is the 15-day rule?
Under the implied-consent law, you must request an MVD hearing within 15 days of arrest or the administrative suspension of your license takes effect automatically, separate from the criminal case.
Will I need an ignition interlock device?
A DUI conviction in Arizona requires a certified ignition interlock device on any vehicle you operate, for a period that increases with the severity of the offense.
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Disclaimer: AZAttorneyFinder is an independent attorney directory, not a law firm, and does not provide legal advice. This page is general legal information about Arizona law, reviewed against the Arizona Revised Statutes (A.R.S.). It is not a substitute for advice from a licensed Arizona attorney about your specific situation. Statutes change — verify current law before relying on it.