Understanding DUI Penalties in Arizona
What Drivers in Tucson and Pima County Need to Know
Driving under the influence is one of the most common charges filed in Pima County, but very few people truly understand what they’re facing until they’re already in the middle of a criminal case. Arizona has some of the strictest DUI laws in the country. Even a first-time offense carries mandatory jail time, steep fines, license consequences through the Motor Vehicle Division (MVD), and collateral effects that can impact employment, insurance rates, and daily life.
As a Tucson DUI defense attorney who has handled hundreds of misdemeanor DUI cases in Pima County Justice Court and Tucson City Court, I regularly meet people who feel overwhelmed the moment they step into the system. They’re scared, confused, and unsure what options exist. Many have never been in trouble before. Others have dealt with law enforcement or court cases, but not with something as technical and rigid as an Arizona DUI.
This guide breaks down the mandatory penalties, the three levels of misdemeanor DUIs, how jail and home detention work, how judges in Tucson typically handle sentencing, and why having an experienced Pima County DUI attorney can dramatically change the outcome of your case.
My goal is to make sure you understand what you’re facing, what the law actually requires, and how a thoughtful defense strategy can create opportunities that aren’t obvious at first glance.
Arizona Class 1 Misdemeanors: The Starting Point
Every DUI in Arizona—whether a standard DUI, an Extreme DUI, or a Super Extreme DUI—is classified as a Class 1 misdemeanor. Under A.R.S. § 13-707 and § 13-802, the statutory maximum penalties for any Class 1 misdemeanor include:
Up to 6 months in jail
Up to $2,500 in fines (not including surcharges, which substantially increase the final amount)
Possible probation (up to 3 years)
Potential community restitution or additional conditions depending on the case
Most people never face the maximum, but the important takeaway is that DUIs come with mandatory minimums, not maximums. Judges can always impose more than the minimums if they believe the circumstances warrant it. This is one of the many reasons why having a DUI attorney who understands Pima County’s judges, prosecutors, and local procedures matters.
The Three Levels of Misdemeanor DUI in Arizona
Most first-time DUIs fall into one of three categories. Understanding the difference between them helps clarify why penalties increase so quickly.
1. Standard DUI: “Impaired to the Slightest Degree” or BAC .08+
Arizona is one of the few states where a person can be convicted of DUI even without a BAC over .08. Under A.R.S. § 28-1381(A)(1), the question is simply whether the person was impaired “to the slightest degree.”
A standard DUI also includes cases where:
BAC is 0.08 or higher
BAC is 0.04 or higher while driving a commercial vehicle
The person shows indicators of impairment even if the BAC is below the legal limit
Mandatory minimum penalties for a first-time Standard DUI include:
1 day in jail
Around $1,500–$2,000 in fines and fees (varies by court)
Mandatory alcohol screening and classes
Ignition interlock (typically one year, with a potential reduction)
License suspension or restrictions through the MVD
Even though the minimum is one day, courts often allow 24 hours with early release, meaning the actual time served may be slightly less.
2. Extreme DUI: BAC .15 or Higher
An Extreme DUI is charged when a driver’s BAC is 0.15 or more. This is the point where Arizona law increases penalties significantly, even for those with no prior criminal history.
Mandatory minimum penalties include:
9 days in jail
With home detention, most people serve 2 days in jail + 7 days on home detention
Increased fines (often exceeding $2,700 before surcharges)
Completion of alcohol screening and treatment
Ignition interlock device
MVD consequences including restrictions and potential additional penalties
The jump from one day to nine days surprises many people, but it reflects Arizona’s reputation for strict DUI enforcement.
3. Super Extreme DUI: BAC .20 or Higher
A BAC of 0.20 or more triggers the highest level of misdemeanor DUI consequences.
Mandatory minimum penalties include:
14 days in jail
With home detention: 3 days in jail + 11 days home detention
Higher fines (often more than $3,200 before surcharges)
Required alcohol screenings and classes
Extended ignition interlock periods
Long-term MVD consequences
Super Extreme DUIs also create more uncertainty in court because judges vary widely in how they treat high BAC cases—some give the minimum, while others impose additional jail or community restitution.
Understanding Home Detention in Pima County
One of the most important things drivers in Tucson want to know is whether they will have to serve their entire jail sentence behind bars.
The answer, in most misdemeanor cases, is no.
Pima County allows home detention for 80% of the sentence on any DUI with a jail term longer than five days. Home detention usually includes:
An ankle monitor (GPS + alcohol monitoring)
Continuous alcohol monitoring (sometimes with a separate device)
Restrictions on travel
Daily schedule verification
Regular check-ins
For many people, this is the difference between losing a job and being able to continue working.
Examples:
10-day sentence → 2 days jail + 8 days home detention
14-day sentence → 3 days jail + 11 days home detention
30-day second-offense sentence → 6 days jail + 24 days home detention
Not everyone qualifies—violent offenses, prior DUIs, or probation violations may affect eligibility—but most first-time DUI defendants in Pima County do qualify.
Why the Exact Charge Matters (And Why Three Charges Can Be Filed at Once)
Many people are confused when they see their citation and notice multiple DUI counts for the same incident. It’s common to see:
Impaired to the slightest degree
BAC .08 or more
BAC .15 or more (Extreme)
BAC .20 or more (Super Extreme)
Prosecutors file multiple versions because they don’t yet know what evidence will be admissible, what the final blood results will show, or how the case will develop.
This is where a Tucson DUI defense attorney can make a significant difference.
A plea offer often results in the prosecutor dropping some of the charges. For instance, someone charged with all three levels may end up pleading to one count with lower penalties. Without an agreement, a defendant who pleads guilty directly to the court generally has to plead guilty to every charge filed.
This can substantially increase sentencing exposure.
Pleading to the Court vs. Negotiating a Plea Offer
People sometimes ask whether they should simply plead guilty without waiting for a plea offer. While it is legally possible, it is not always strategically smart.
Here’s why:
Pleading to the Court (Without a Plea Offer)
You must plead guilty to every DUI count filed.
The judge has complete discretion in sentencing.
There is no written guarantee of the sentence.
You lose the opportunity to negotiate for reduced jail time or dropped counts.
Plea Offers in Pima County
Prosecutors often drop duplicate or more serious counts.
The written agreement spells out exactly what the sentence will be.
It protects you from judicial unpredictability.
It allows your attorney to negotiate based on mitigation.
Even with a “lenient” judge, sentencing without an agreement creates risks. Judges are human. Bad days happen. A written agreement prevents surprises.
Why Time Can Improve a DUI Case
Many people assume the case will only get worse as time goes on. In reality, DUIs often get better for the defense as time passes.
A few reasons:
1. Law enforcement issues emerge
Officers get disciplined, investigated, or—sometimes—arrested. If an officer leaves the department or is placed on the Brady List, it can impact the credibility of their testimony.
2. Blood testing issues surface
Crime labs are constantly dealing with staffing shortages, procedural problems, and delayed results.
Any of these can weaken the prosecution's case.
3. Mitigation builds over time
Counseling, treatment completion, community support letters, and proactive steps taken by the defendant can influence a prosecutor’s willingness to reduce penalties.
4. Witness availability shifts
If a civilian witness becomes unavailable or uncooperative, the state may lose crucial testimony.
5. Prosecutor caseloads and turnover change negotiation patterns
Pima County Justice Court sees frequent staffing changes, and not all prosecutors handle cases the same way. A no-offer prosecutor today may be replaced by someone more reasonable next month.
I’ve handled hundreds of DUI cases, and one consistent pattern is this: these cases almost never get worse for the defense with time.
What You Should Do While Your DUI Case Is Pending
Being proactive can make a meaningful difference. While every case is different, here are the steps I recommend for most clients in Pima County:
Start your alcohol screening and classes immediately
Judges and prosecutors view early engagement favorably, and it may reduce future requirements.
Attend counseling or treatment if alcohol played a role
This strengthens mitigation and shows responsibility.
Gather character letters
Letters from employers, friends, family, coaches, or clergy help paint a complete picture.
Comply with MVD requirements
Ignoring MVD notices can result in automatic suspensions separate from the court case.
Avoid discussing your case on social media
Screenshots travel fast. Prosecutors look.
Stay in regular communication with your DUI attorney
Updates matter—changes in addresses, jobs, or treatment status should be reported.
These steps help me negotiate from a position of strength and give the prosecutor a reason to reconsider their initial position.
What to Expect in Pima County DUI Court
Most first-time DUI cases in Tucson or Pima County follow the same general path:
Initial Appearance / Arraignment
Often, your attorney can handle this without you present.Discovery Review
Police reports, body-worn camera footage, blood testing results, and calibration records.Investigation
This may include interviewing officers, reviewing lab compliance, evaluating the stop and field sobriety tests, and consulting with experts if needed.Negotiation
Prosecutors’ willingness to negotiate varies. Some give offers only after mitigation; others require multiple rounds of communication.Decision Point
Accept a plea offer or set the case for trial.Trial or Change of Plea Hearing
Sentencing
If a plea agreement is accepted, the sentence is usually predictable.
If not, the judge determines the outcome based on the statutory ranges.
Each step has strategic implications. A DUI case is not simply about whether the BAC is above a certain number. It’s about whether the state can prove impairment, whether the stop was lawful, whether the testing was reliable, and whether the court will accept mitigation that helps reduce penalties.
Why Experience Matters in a Tucson DUI Case
As a Pima County DUI defense attorney, I’ve represented hundreds of people charged with every possible version of a misdemeanor DUI. I’ve handled:
Super Extreme DUI arrests with very high BACs
DUI cases involving collisions
Cases based on “impaired to the slightest degree”
DUI drug cases
Situations where proactive mitigation resulted in reduced penalties
Cases involving officers later disciplined or removed from duty
Trials and negotiations in every major court in the region
Your strategy depends on the court, the judge, the prosecutor, the officer, the BAC, your background, and whether any constitutional issues exist.
A DUI is not a one-size-fits-all case. It’s a complex blend of science, law enforcement training, lab testing, and human factors.
Final Thoughts: You Don’t Have to Navigate This Alone
Facing a DUI in Tucson or Pima County is scary. The penalties are serious, the process is confusing, and it can feel like the system is stacked against you. But there are options. There are defenses. And there are opportunities—sometimes unexpected ones—to improve the outcome.
Your job right now is to take care of yourself, follow through with the steps I recommend, and keep communicating with me. My job is to evaluate the evidence, challenge weaknesses in the state’s case, negotiate strategically, and protect you from unnecessary consequences.
If you or someone you love is facing a DUI in Tucson, I’m here to help. You do not need to appear in court alone, and you do not need to make decisions without guidance. Whether you want to meet in person, over Zoom, or by phone, I’m available to answer questions and help you understand your options.
