Comprehensive Arizona DUI Information
arizona dui penalties
In Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged, and on the Defendant's criminal record. Click on each charge below to see an expanded explanation of the related penalties.
First Impaired or BAC above .080
JAIL: 10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
FINE & COSTS: $250.00 fine, plus a surcharge. Plus an additional $500.00 assessment for DPS, and another $500.00 for the Arizona Prison Construction Fund.
LICENSE: The MVD will suspend your drivers' license for 90 days.
COUNSELING: If recommended in your evaluation and you want the Judge to suspend all but one day in jail.
PROBATION: You may be placed on probation for up to five years.
IGNITION INTERLOCK DEVICE: This is the only DUI conviction scenario which does not require a functioning Interlock Device to be installed in your vehicle.
Second Impaired or BAC above .080
JAIL: 90 days in jail. The Court may suspend 60 of the 90 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
FINE & COSTS: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1250.00 assessment for arrests after March 13, 2004).
LICENSE: Your drivers' license will be revoked for one year.
COUNSELING: If recommended in your evaluation and you want the Judge to suspend all but 30 days in jail.
PROBATION: You may be placed on probation for up to five years.
IGNITION INTERLOCK DEVICE: You will be required to have an Ignition Interlock Device installed on your vehicle.
First Extreme DUI (BAC above .150)
JAIL: 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
FINE & COSTS: $250.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. Plus an additional $1000.00 assessment for DPS. Plus an additional prison construction fund fee of $1,000.00.
LICENSE: The MVD will suspend your drivers' license for 90 days.
COUNSELING: If recommended in your evaluation and you want the Judge to suspend all but ten days in jail.
PROBATION: You may be placed on probation for up to five years.
IGNITION INTERLOCK DEVICE: You will be required to have an Ignition Interlock Device installed on your vehicle.
Second Extreme DUI (BAC above .150)
JAIL: 120 days in jail of which 60 must be consecutive. The Court may suspend 60 of the 120 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
FINE & COSTS: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1250.00 assessment for arrests after March 13, 2004).
LICENSE: Your drivers' license will be revoked for one year.
COUNSELING: If recommended in your evaluation and you want the Judge to suspend 60 of the 120 days of jail.
PROBATION: You may be placed on probation for up to five years.
IGNITION INTERLOCK DEVICE: You will be required to have an Ignition Interlock Device installed on your vehicle.
Felony DUI (3rd DUI w/i 5 Years, or DUI w/ License Suspended or Restricted)
NOTE: The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 4 felony and subject to the sentencing ranges based on historical priors as such. A DUI conviction under this section could carry over 10 years in prison.
PRISON: 4 months in prison at a minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis.
FINE & COSTS: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
LICENSE: Your drivers' license will be revoked for three years
COUNSELING: If probation is granted by the sentencing Court, you will be required to submit to treatment.
PROBATION: You may be placed on probation for up to five years.
VEHICLE FORFEITURE: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.
Felony DUI (w/ a child under 15 years old in vehicle)
NOTE: The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 6 felony and subject to the sentencing ranges based on historical priors as such.
JAIL OR PRISON: A person convicted under this section will have to serve at least the minimum sentences for the misdemeanor DUIs described above if the offense would have been a misdemeanor but for the presence of the minor child.
FINE & COSTS: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $`,500.00 assessment for arrests after March 13, 2004).
LICENSE: Your drivers' license will be revoked for three years
PROBATION: You may be placed on probation for up to five years.
COUNSELING: If probation is granted by the sentencing Court, you will be required to submit to treatment.
VEHICLE FORFEITURE: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.
Consult an experienced DUI Defense Lawyer for an accurate projection of what your punishment may be if convicted.