Arizona DUI Penalties: A List of the Mandatory Minimums and Sentence Ranges*
In Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged, and on the Defendant's criminal record. A previous DUI counts as a prior for the purposes of Sentencing if it occurred within 7 years (84 months) of the current arrest.
NOTE: The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence.
First Offense Impaired to the Slightest Degree or BAC above .080
Jail: Range of 10 to 180 days in jail. Minimum of
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.
Fines & Costs:
Aproximatey $1,800.00, plus jail costs. The more jail time that is imposed, the greater the cost.
License:
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court may order you to perform community service in addition to any other penalty imposed.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 12 months.
Second Offense Impaired to the Slightest Degree or BAC above .080
Jail:
Range of 90 to 180 days in jail. Minimum of 90 consecutive days in jail. The court may suspend 60 of the 90 days in jail if you successfully complete all recommended treatment and counseling.
Fines & Costs:
Aproximately $3,500.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License:
Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court must impose a minimum of 30 hours of community service in addition to any other fine imposed.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 12 months after license reinstatement.
First Offense Extreme DUI (BAC .150 - .199)
Jail:
Range of 30 to 180 days in jail. Minimum of 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you successfully complete all recommended counseling and education.
Fines & Costs:
Aproximately $3,000.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License:
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court may impose community service.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 12 months after license reinstatement.
Second Offense Extreme DUI (BAC .150 - .199)
Jail:
Range of 120 to 180 days in jail. Minimum of 120 consecutive days in jail. The Court may suspend 60 of the 120 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
Fines & Costs:
Minimum of aproximately $3.750.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License:
Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court must impose a minimum of 30 hours of community service in addition to all other penalties imposed.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 12 months after license reinstatement.
First Offense "Super Extreme" DUI (BAC .200 or higher)
Jail:
Range of 45 to 180 days in jail. Minimum of 45 consecutive days in jail (this is not a typo!). The court is not allowed to suspend ANY of the minimum 45 consecutive days in jail.
Fines & Costs:
Aproximately $3,250.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License:
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court may impose community service.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 18 months after license reinstatement.
Second Offense "Super Extreme "Extreme DUI (BAC .200 or higher)
Jail:
180 days flat sentence mandatory (no sentence range)**. That means that if convicted of this offense, the Judge has no choice but to sentence you to 180 days in jail. Of the 180 day sentence, 90 days must be served consecutively, presumably leaving another 90 days to be served on a non-consecutive basis.
Fines & Costs:
Minimum of aproximately $4,0.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License:
Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court must impose a minimum of 30 hours of community service in addition to all other penalties imposed.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 24 months after license reinstatement.
Class 4 Felony Aggravated DUI (3rd DUI w/i 7 Years or DUI w/ License Suspended or Restricted)
Jail:
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. 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.
Fines & 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 year
Counseling:
Your drivers' license will be revoked for three year
Probation:
You may be placed on probation for up to five years.
Ignition Interlock Device:
Yes
Class 6 Felony Aggravated DUI (w/ a child under 15 years old in vehicle)
Jail:
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. 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.
Fines & 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:
You may be placed on probation for up to five years.
Probation:
You may be placed on probation for up to five years.
Ignition Interlock Device:
Yes
* The penalties outlined above are effective as of 9/19/2007. Cases with arrest dates prior to 9/19 should call our office for more information. The laws effective 9/19/2007 are ambiguous in many ways and yet to be tested.
**We are aware of the absurd result that a person convicted of a 2nd offense .20 or more misdemeanor DUI could serve more time behind bars than a person convicted of a class 4 felony for having a 3rd offense within 7 years.