Learn about the penalties for a first, second, and third DUI/DWI conviction in Arizona.
Arizona officially uses the term "driving under the influence" (DUI) instead of "driving while intoxicated" (DWI). However, some people still use DWI and DUI interchangeably to refer to drunk or drugged driving.
This article gives an overview of Arizona's DUI laws and the penalties for a first, second, and third conviction.
Arizona's DUI Laws
To get a DUI conviction in Arizona, prosecutors generally must prove two things: the driver was under the influence and driving or in actual physical control of a vehicle.
How the Law Defines "Under the Influence"
Under Arizona's DUI laws, a driver is considered to be "under the influence" if he or she:
- has a blood alcohol concentration (BAC) of .08% or more, or
- while under the influence of drugs or alcohol if the driver is impaired to the slightest degree.
Arizona also has a "not-a-drop" law that makes it illegal for motorists who are under the age of 21 years to drive with any detectable amount of alcohol in their system. This is commonly referred to as a "baby DUI."
How Arizona Defines "Driving" and the "Sleeping-it-Off" Defense
In addition to driving or operating a car, a person is prohibited from being in "actual physical control" of a car while under the influence of alcohol or drugs or with a BAC of .08% or more. The idea behind this law is to stop drunk driving before it starts.
Arizona law provides a defense to a DUI for drivers who can establish that they were not in actual physical control of their vehicle because they were using their car to merely "sleep it off."
When a driver makes a case for the sleep-it-off defense, the jury is asked to answer this question: Was the driver using the vehicle as a shelter or did the driver pose a threat to the public by the exercise of present or imminent control over the vehicle while impaired?
Penalties for a First DUI in Arizona—Misdemeanor
Here is what the potential sentences generally look like for a first DUI based on the driver's BAC.
|
Impaired or Per Se DUI (BAC of .08 to .149%) |
Extreme DUI (BAC of .15 to .199%) |
Super Extreme DUI (BAC of at least .20%) |
|
|
Jail |
Minimum 10 days in jail (all but 24 hours may be suspended after alcohol screening is completed) |
Minimum 30 consecutive days in jail (all but 9 days may be suspended if the driver installs an ignition interlock device (IID)) |
Minimum 45 consecutive days in jail (all but 14 days may be suspended if the driver installs an IID) |
|
Fines |
At least $1,480 |
At least $3,000 |
At least $3,250 |
|
License Suspension |
At least 90 days |
At least 90 days |
At least 90 days |
|
Ignition Interlock Device (IID) |
1 year mandatory (but may be eligible for 6-month reduction) |
1 year mandatory |
1 year mandatory |
Penalties for a Second DUI in Arizona—Misdemeanor
Arizona punishes repeat DUI offenders harshly. Here are what the potential sentences generally look like for a second DUI based on the driver's BAC.
|
Impaired or Per Se DUI |
Extreme DUI |
Super Extreme DUI |
|
|
Jail |
Minimum 90 days in jail (30 days must be served consecutively and all but 30 may be suspended after completion of drug screening and treatment) |
Minimum 120 days (60 served consecutively) |
Minimum 180 days (90 served consecutively) |
|
Fines |
At least $3,000 |
At least $3,250 |
At least $4,250 |
|
License Revocation |
At least 1 year (but may be eligible for a restricted license after 45 days if IID is installed) |
At least 1 year (but may be eligible for a restricted license after 45 days if IID is installed) |
At least 1 year (but may be eligible for a restricted license after 45 days if IID is installed) |
|
Ignition Interlock Device (IID) |
1 year mandatory |
1 year mandatory |
1 year mandatory |
Penalties for a Third DUI in Arizona—Felony
A third DUI within seven years is a felony and carries:
- a mandatory prison sentence of at least four months
- license revoked for one year
- a two-year IID requirement, and
- over $4,000 in fines and assessments.
Of course, the specific penalties a driver will end up with for a felony DUI depend on the circumstances of the case.
Felony DUI Charges in Arizona
We already mention that a third or subsequent DUI is a felony. But other circumstances can also elevate a DUI to a felony in Arizona.
Having Child Passengers
A person driving under the influence while transporting a child under the age of 15 will be guilty of a class six felony and face up to 18 months in prison.
DUIs with an Ignition Interlock Device
An impaired driver will also face felony charges if he or she is currently required to use an ignition interlock device. This type of offense is a level four felony and will result in 18 months to three years in prison.
Driving the Wrong Way on Highway While Under the Influence
In the event an impaired driver is going the wrong way down a one-way highway, the DUI charge can be elevated to a level four felony. A conviction will result in up to three years in prison with a mandatory four months in prison before probationary release.
DUI While Suspended or Revoked is a Felony in Arizona
An impaired driver can be charged with a level four felony if operating on a license that was suspended or revoked due to a prior DUI occurrence. The offender can be sentenced to up to three years in prison and must serve at least four months before release.
Arizona's Underage DUI ("Not-a-Drop") Law
An underage DUI in Arizona is commonly referred to as a "baby DUI." An underage driver can be cited for a violation for operating a vehicle with any measurable amount of alcohol in his or her system.
An underage DUI is a class 1 misdemeanor and is punishable by:
- up to 6 months in jail, and
- a maximum fine of $750.
Unlike an adult DUI, underage DUI does not carry mandatory minimum jail or fines. However, underage drivers convicted of having alcohol in their system do face a mandatory two-year license suspension. For many drivers, two years without a license is worse than the mandatory jail and fines for a standard DUI.
Talk to an Attorney
If you've been arrested for driving under the influence in Arizona, you should get in touch with a qualified DUI lawyer who can help you decide on how best to handle your situation.
