Arizona DUI Laws

Society's perspective on DUI (Driving Under the Influence) has changed dramatically over the past 30 years. DUI is no longer accepted as an unavoidable price of automobile travel. A DUI is recognized as a violent crime. These changes are mainly due to years of intense effort by federal, state and local agencies, citizen advocacy groups, nonprofit organizations, and private businesses. GOHS is determined to provide the leadership and funding to help reduce the threat of DUI drivers on Arizona's roadways. As public attitudes have changed, the percentage of alcohol related crashes has decreased, but impaired driving still takes far too great a human and economic toll. The penalties for impaired driving in Arizona are severe and include mandatory jail time, thousands of dollars in fines and court fees, suspension of driving license or privilege to drive, vehicle impoundment and other expenses. 

As a measure to reduce the number of repeat offenders, Arizona added the Mandatory Ignition Interlock Devices (IID) as a penalty for all DUI offenders. Prior to September 2007, IID's were a requirement only for Aggravated and Extreme DUI offenders. In addition to the IID, a sentencing charge for "Super Extreme" DUI was added to address offenders with a .20 or higher BAC and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control. For more information on DUI laws, Click here.

MISDEMEANOR DUI VIOLATIONS:

Arizona Revised Statutes 4-244.34 - Underage Driving or Physical Control While Under the Influence 
It is unlawful for a person under the age of 21 to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person's body.

Arizona Revised Statutes 28-1381(A)(1) - Driving or Actual Physical Control While Under the Influence/Impaired to the Slightest Degree
It is unlawful for a person to drive or be in actual physical control of a vehicle in this state while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

Arizona Revised Statutes 28-1381(A)(2) - Driving Under the Influence/Over the Legal Limit
It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

Arizona Revised Statutes 28-1381(A)(3) - Driving Under the Influence/Any Drug or Metabolite
It is unlawful for a person to drive or be in actual physical control of a vehicle in this state while there is any drug defined in Section 13-3401 or its metabolite in the person's body.

Arizona Revised Statutes 28-1381(A)(4) - Driving Under the Influence/Driving a Commercial Motor Vehicle 
It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver's license as defined in Section 28-3001 and the person has an alcohol concentration of 0.04 or more.

Arizona Revised Statutes 28-1382(A)(1) - Driving or Actual Physical Control While Under the Influence/ BAC of .15 (Extreme DUI) 
It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.15 or more but less than 0.20 within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

Arizona Revised Statutes 28-1382(A)(2) - Driving or Actual Physical Control While Under the Influence/ BAC of .20 or more (Super Extreme DUI)
It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.20 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

FELONY DUI VIOLATIONS

Arizona Revised Statutes 28-1383(A)(1) - Aggravated Driving or Actual Physical Control While Under the Influence/ DUI While Suspended for DUI  
A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.

Arizona Revised Statutes 28-1383(A)(2) - Aggravated Driving or Actual Physical Control While Under the Influence/ Third or Subsequent DUI in 84 Months  
A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if, within a period of eighty-four months, commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.

Arizona Revised Statutes 28-1383(A)(3) - Aggravated Driving or Actual Physical Control While Under the Influence/ DUI With Person Under 15 Years of Age in Vehicle 
A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of section 28-1381 or section 28-1382 while a person under fifteen years of age is in the vehicle.

Arizona Revised Statutes 28-1383(A)(4) - Aggravated Driving or Actual Physical Control While Under the Influence/ DUI In Violation of Interlock Requirement
A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of section 28-1381, section 28-1382 or this section while the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any  motor vehicle the person operates with a certified ignition interlock device.