Arizona DUI penalties depend on one number: your blood alcohol concentration. A 0.08 reading and a 0.19 reading are both DUI. But they trigger different mandatory minimums. They also trigger different fines. In some cases, a different judge ends up deciding whether you serve any of it. Arizona sorts every alcohol-based DUI into one of three tiers. Each tier carries its own floor. A judge cannot go below that floor, no matter the circumstances.
Arizona DUI penalties: the three tiers of alcohol DUI
Arizona’s core DUI statute, A.R.S. § 28-1381, makes it illegal to drive while impaired to the slightest degree, or with a BAC of 0.08 or more within two hours of driving. That’s the baseline charge. Two related statutes raise the stakes as the BAC climbs.
Standard DUI (A.R.S. § 28-1381)
A BAC of 0.08 up to 0.149 falls here. It’s a class 1 misdemeanor. A first offense carries a mandatory minimum of 10 days in jail. A court can suspend all but one day if the person completes alcohol screening and installs an ignition interlock device. A base fine starts around $1,250 once assessments and surcharges are added.
Extreme DUI (A.R.S. § 28-1382)
A BAC of 0.15 up to 0.199 is Extreme DUI. It’s still a class 1 misdemeanor, but the floor is much higher. A first offense carries a mandatory minimum of 30 consecutive days in jail. Courts can suspend a portion of that if the person completes an approved alcohol program and equips their vehicle with an interlock device. The reduction has limits set by statute.
Super Extreme DUI (A.R.S. § 28-1382)
A BAC of 0.20 or higher lives in the same statute as Extreme DUI but sits in its own bracket. The mandatory minimum jumps to 45 consecutive days in jail on a first offense. The base fine is higher than either tier below it.
Why these Arizona DUI penalties are floors, not typical sentences
None of these numbers describe what actually happens in a given case. They describe the minimum a judge is legally allowed to impose. A first-time Standard DUI defendant with an interlock device and completed screening often serves closer to a single day in custody rather than the full 10. What a specific person actually faces depends on the facts of the stop. It also depends on the strength of the evidence, and whether the case resolves through a plea. That’s case-specific analysis a defense attorney handles, not something a general guide can predict.
What repeat offenses do to the penalties
Arizona counts prior DUI, Extreme DUI, and Super Extreme DUI convictions within a rolling 84-month window. That’s roughly seven years, counted from the date of the offense, not the conviction. A second offense within that window at any tier roughly triples the mandatory jail minimum. It also removes most of the options to suspend it. A third offense within 84 months, or a DUI committed on a suspended license, moves the case into aggravated DUI territory under A.R.S. § 28-1383. That’s a felony rather than a misdemeanor, not a misdemeanor tier like the three above.
Beyond jail: the other pieces of a DUI sentence
Jail time is only one part of what a conviction carries. Every tier also comes with a license suspension or revocation, handled separately by MVD. There’s also a mandatory ignition interlock device requirement of at least 12 months, court-ordered alcohol screening, possibly treatment, and probation. Fines compound quickly once the state’s mandatory surcharges and assessments are layered onto the base amount. A first-offense Standard DUI commonly runs past $2,000 once every fee is counted. Extreme and Super Extreme DUI push well past that. A related but separate track applies if the driver refused testing rather than failed it — Arizona’s implied consent law handles refusal differently.
The bottom line
Arizona’s DUI penalties scale directly with BAC. The jump from Standard to Extreme to Super Extreme isn’t gradual — each tier roughly triples the mandatory jail floor of the one below it. These are legal minimums, not predictions. Prior offenses within the last seven years change the calculation substantially. Anyone facing a DUI charge in Arizona is dealing with a specific set of facts that a general overview like this one can’t resolve on its own.
Frequently asked questions
Extreme DUI applies to a BAC of 0.15 up to 0.199, while Super Extreme DUI applies to 0.20 or higher. Both fall under A.R.S. § 28-1382, but Super Extreme carries a longer mandatory minimum jail term.
No. A first-offense Standard, Extreme, or Super Extreme DUI is a class 1 misdemeanor. DUI becomes a felony only under aggravated circumstances, such as a third offense within 84 months or a child passenger under 15.
No. These are mandatory minimums set by statute, and a judge cannot go below them regardless of the circumstances, though a portion may be suspended in some cases with an interlock device and completed alcohol screening.
Often yes. Arizona counts qualifying out-of-state DUI convictions toward the 84-month look-back window if the other state’s law is substantially similar to Arizona’s.
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This overview describes Arizona’s statutory minimum penalties for alcohol-related DUI. It is not a prediction of any individual outcome. Actual sentencing depends on the specific facts of a case, the strength of the evidence, and how the matter resolves in court.