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Topic guideUpdated 2026-02-27

Arizona DUI Penalties — Fines, Jail & Probation

Common consequences to discuss with counsel.

DUI penalties in Arizona escalate significantly with each subsequent offense and with aggravating factors like high BAC §28-1381. Understanding the penalty structure helps you assess the stakes and make informed decisions.

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

OffenseJail RangeFine RangeLicense Suspension
First DUI10 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) §28-138190 days §28-1381
Second DUI90 days (at least 30 days must be served consecutively)–6 months §28-1381$3,000 (plus surcharges)–$3,500 (plus surcharges) §28-138112-month revocation §28-1381
Third DUI4 months in state prison–3.75 years (presumptive 2.5 years) §28-1381$4,000 (plus surcharges)–$150,000 §28-13813-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.

⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced DUI attorney can often identify mitigating factors or procedural issues that affect the outcome.
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