Arizona's DUI Laws and Conviction Penalties for a First, Second, and Third Offense

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 the driver:

• 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.

(Ariz. Rev. Stat. § 28-1381 (2025).)

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." (Ariz. Rev. Stat. § 4-244(34) (2025).)

How Arizona Defines "Driving" and the "Shelter Rule" 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. (Ariz. Rev. Stat. § 28-1381 (2025).)

Arizona law provides a defense to a DUI for drivers who can establish that they weren't in actual physical control of their vehicle because they were using their car as a shelter to merely "sleep it off."

When a driver makes a case for the Shelter Rule 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? (State v. Love, 897 P.2d 626 (Ariz. 1995); State v. Tarr, 331 P.3d 423 (Ariz. Ct. App. 2014).)

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. A court also may order probation as a condition of its sentence.

(Ariz. Rev. Stat. §§ 28-1381, 28-1382, 28-1387, 28-3319 (2025).)

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 within 7 years based on the driver's BAC. A court also may order probation as a condition of its sentence.

(Ariz. Rev. Stat. §§ 28-1381, 28-1382, 28-1387, 28-3319 (2025).)

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
• at least $4,000 in fines and assessments.

A court also may order probation as a condition of its sentence. (Ariz. Rev. Stat. §§ 28-1383, 28-3319 (2025).)

Of course, the specific penalties a driver will receive for a felony DUI depend on the circumstances of the case.

Felony DUI Charges in Arizona

We already mentioned 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. (Ariz. Rev. Stat. §§ 13-702, 28-1383 (2025).)

DUIs with an Ignition Interlock Device

An impaired driver will also face felony charges if the driver is currently required to use an ignition interlock device. This type of offense is a class four felony and will result in up to three years in prison. (Ariz. Rev. Stat. §§ 13-702, 28-1383 (2025).)

Driving the Wrong Way on the 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 class four felony. A conviction will result in up to three years in prison with a mandatory four months in prison before probationary release. (Ariz. Rev. Stat. §§ 13-702, 28-1383 (2025).)

DUI While Suspended or Revoked is a Felony in Arizona

An impaired driver can be charged with a class 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. (Ariz. Rev. Stat. §§ 13-702, 28-1383 (2025).)

Arizona's Underage DUI ("Not-a-Drop") Law

An underage DUI in Arizona is commonly referred to as a "baby DUI." Underage drivers can be cited for a violation for operating a vehicle with any measurable amount of alcohol in their systems. (Ariz. Rev. Stat. § 4-244(34) (2025).)

An underage DUI is a class 1 misdemeanor and is punishable by:

• up to 6 months in jail, and
• a maximum fine of $2,500.

(Ariz. Rev. Stat. §§ 4-246, 13-707, 13-802 (2025).)

A court also may order probation as a condition of its sentence. Unlike an adult DUI, underage DUI doesn't 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. (Ariz. Rev. Stat. §§ 38-3320, 28-3322 (2025).)

Getting Help From 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 how best to handle your situation.