Arizona DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §28-1381
A first DUI in Arizona is classified as a Class 1 misdemeanor.
- Jail: 10 consecutive days (courts commonly suspend 9, requiring 1 day served plus alcohol education) minimum to 6 months maximum
- Fine: $1,250 (plus surcharges and fees) to $2,500 (plus surcharges)
- License suspension: 90 days
- Substance abuse program: mandatory alcohol/drug screening, education, and treatment required before license reinstatement
- Probation: available
Second offense
- Jail: 90 days (at least 30 days must be served consecutively) minimum to 6 months maximum
- Fine: $3,000 (plus surcharges) to $3,500 (plus surcharges)
- License suspension: 12-month revocation
Third and subsequent offenses
- Jail/prison: 4 months in state prison minimum to 3.75 years (presumptive 2.5 years) maximum
- Fine: $4,000 (plus surcharges) to $150,000
- License suspension: 3-year complete revocation
- Felony threshold: third DUI within 84 months is a Class 4 felony (Aggravated DUI); also felony if DUI with suspended/revoked license, child under 15 in vehicle, or wrong-way driving
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 10 consecutive days (courts commonly suspend 9, requiring 1 day served plus alcohol education)–6 months §28-1381 | $1,250 (plus surcharges and fees)–$2,500 (plus surcharges) §28-1381 | 90 days §28-1381 | |
| Second DUI | 90 days (at least 30 days must be served consecutively)–6 months §28-1381 | $3,000 (plus surcharges)–$3,500 (plus surcharges) §28-1381 | 12-month revocation §28-1381 | |
| Third DUI | 4 months in state prison–3.75 years (presumptive 2.5 years) §28-1381 | $4,000 (plus surcharges)–$150,000 §28-1381 | 3-year complete revocation §28-1381 |
Lookback period
Arizona uses a 84 months (7 years) Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §28-1382
- BAC ≥ 0.15 (Extreme DUI — §28-1382)
- BAC ≥ 0.20 (Super Extreme DUI)
- Child under 15 in vehicle
- DUI on suspended/revoked license
- Third DUI in 84 months
- Wrong-way driving
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- 1st offense: 10 consecutive days (courts commonly suspend 9, requiring 1 day served plus alcohol education) to 6 months jail, $1,250 (plus surcharges and fees)-$2,500 (plus surcharges) fine, 90 days suspension
- 2nd offense: 90 days (at least 30 days must be served consecutively) to 6 months jail, $3,000 (plus surcharges)-$3,500 (plus surcharges) fine
- 3rd+ offense: 4 months in state prison to 3.75 years (presumptive 2.5 years) jail, $4,000 (plus surcharges)-$150,000 fine
- Lookback period: 84 months (7 years)

