Penalties for the First DUI in Arizona:
What You Need to Know

Driving under the influence (DUI) in Arizona is a serious criminal offense with severe legal consequences, even for first-time offenders. Arizona is known for having some of the strictest DUI laws in the United States. Understanding the full scope of penalties, possible defenses, and the long-term implications of a first DUI charge in Arizona is critical for anyone facing this situation.

Understanding DUI Laws in Arizona

In Arizona, a person can be charged with a DUI if:

• They are found operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.

• They are impaired to the slightest degree, regardless of BAC.

• They are a commercial driver with a BAC of 0.04% or higher.

• They are under 21 and found with any detectable amount of alcohol.

Arizona also classifies DUIs into standard, extreme, and super extreme categories depending on the BAC level and circumstances.

Criminal Penalties for a First-Time DUI Offense

1. Standard DUI (BAC 0.08% - 0.149%)

• Jail Time: Minimum of 10 consecutive days, though 9 days may be suspended if the offender completes court-ordered alcohol screening and treatment.

• Fines and Assessments: Approximately $1,500 to $2,500 including surcharges, court fees, and additional penalties.

• License Suspension: 90-day suspension, with eligibility for a restricted driving permit after 30 days.

• Ignition Interlock Device (IID): Required installation for 12 months, even for a first offense.

• Alcohol Education and Treatment: Mandatory completion of alcohol screening, education, and possible treatment programs.

• Community Service: Often mandated by the court.

2. Extreme DUI (BAC 0.15% - 0.199%)

• Jail Time: Minimum of 30 consecutive days, with 21 days potentially suspended upon completion of alcohol treatment.

• Fines and Fees: Can exceed $3,000.

• License Suspension: Similar to standard DUI but may be extended based on aggravating factors.

• Ignition Interlock Device: Required for 12 months.

• Mandatory Alcohol Counseling: More intensive programs are often required.

• Increased Insurance Rates: High-risk insurance (SR-22) may be mandatory.

3. Super Extreme DUI (BAC 0.20% and above)

• Jail Time: Minimum of 45 consecutive days, with only 14 days potentially suspended if treatment is completed.

• Fines and Fees: Often over $3,500.

• IID Requirement: Extended installation period often exceeding 18 months.

• License Suspension: May exceed the typical 90-day term.

• Mandatory Counseling and Education: More comprehensive and supervised.

Additional Penalties and Consequences

Driving Record and Criminal Record

A first-time DUI conviction results in a criminal record. In Arizona, DUI is classified as a Class 1 misdemeanor, the most serious misdemeanor level. This record can impact employment opportunities, housing applications, and more.

SR-22 Insurance Requirement

The court or ADOT may require you to file SR-22 insurance, a certificate of financial responsibility, for a minimum of three years. This can triple your auto insurance premiums.

Points on Driver’s License

A DUI conviction adds 8 points to your driving record, which triggers an automatic license suspension and may require you to attend Traffic Survival School (TSS).

Aggravating Factors That Increase Penalties

Even a first-time DUI can carry harsher penalties if any of the following factors are present:

• Passenger under the age of 15 in the vehicle.

• DUI while driving on a suspended license.

• Accident involving injury or property damage.

• Refusal to submit to chemical testing.

These circumstances can result in felony DUI charges, mandatory long-term incarceration, and additional felony-level consequences.

First DUI and Employment Impacts

Many employers conduct background checks, and a DUI conviction can raise red flags for potential or current employers. Specific industries such as commercial driving, education, government, and healthcare may have zero-tolerance policies.

In Arizona, a DUI conviction may also impact professional licensing, especially for nurses, doctors, real estate agents, teachers, and attorneys.

Steps to Take After a DUI Arrest

1. Contact a DUI Attorney Immediately
Legal representation is crucial to navigating the court process, negotiating plea deals, and minimizing long-term consequences.

2. Comply With All Court Orders
Failing to comply with court-mandated requirements can lead to additional charges, jail time, or license revocation.

3. Attend Your MVD Hearing
You must request an MVD hearing within 15 days of arrest to contest your administrative license suspension.

4. Enroll in Alcohol Screening and Education
Completing these programs proactively can help reduce potential sentencing.

5. Document Everything
Keep detailed records of your arrest, court documents, and interactions with authorities. This can support your legal defense.

Defensive Strategies for First-Time DUI Charges

Depending on the circumstances of your arrest, an experienced DUI attorney may use one or more of the following defenses:

• Unlawful Traffic Stop: Challenging the legality of the initial stop.

• Improper Field Sobriety Test Administration.

• Inaccurate Breathalyzer Results: Faulty calibration or maintenance.

• Medical Conditions Mimicking Impairment.

• Violation of Constitutional Rights: Improper Miranda warning or interrogation.

Alternatives to Jail: Diversion and Treatment Programs

While Arizona does not offer pre-trial diversion programs for DUI like some other states, judicial discretion may allow for reduced sentencing if the defendant shows a commitment to treatment and rehabilitation.

This can include:

• Reduced jail time in exchange for inpatient or outpatient treatment.

• Deferred sentencing in some jurisdictions with supervised probation.

How a First DUI Can Affect Future Charges

A first DUI conviction in Arizona is considered a “priorable offense,” meaning it will enhance penalties for any DUI arrest within 7 years. A second offense leads to longer jail sentences, higher fines, and potentially felony charges on a third DUI.

Conclusion: Take a First DUI Charge Seriously

A first DUI in Arizona carries severe, life-changing consequences. Beyond the fines and jail time, it can disrupt your career, finances, and personal freedom. It's essential to act quickly, seek expert legal representation, and proactively address all court requirements.

Being informed about your rights, responsibilities, and available legal strategies is the first step toward mitigating the impact of a first DUI charge in Arizona.