DUI sentencing • A visual guide
Arizona DUI penalties
Compare first and second offenses, understand the different types of aggravated DUI, and see how jail, fines, interlock, and license consequences fit together.
Statutes checked October 19, 2026 · Adult Arizona DUI
01 / Misdemeanor jail
First or second offense?
Each offense below is a class 1 misdemeanor when no aggravated DUI ground applies. The maximum jail term is six months per count. “Second” means a qualifying prior within 84 months (7 years), measured by offense dates. Sources: 1, 2, 3.
| Offense of conviction | First offense | Second within 84 months |
|---|---|---|
| Impaired to the slightest degreeAlcohol, drugs, or a combination §28-1381(A)(1) | 10 days–6 monthsMay suspend to 1 day* | 90 days–6 monthsMay suspend to 30 days* |
| Drug DUISpecified drug / metabolite §28-1381(A)(3) | 10 days–6 monthsMay suspend to 1 day* | 90 days–6 monthsMay suspend to 30 days* |
| BAC .08 or morePer se DUI §28-1381(A)(2) | 10 days–6 monthsMay suspend to 1 day* | 90 days–6 monthsMay suspend to 30 days* |
| Extreme DUI.15 to below .20 §28-1382(A)(1) | 30 days–6 monthsMay suspend to 9 days** | 120 days–6 months60 days consecutive. No first-offense interlock reduction. |
| Super extreme DUI.20 or more §28-1382(A)(2) | 45 days–6 monthsMay suspend to 14 days** | 180 days–6 months90 days consecutive. No first-offense interlock reduction. |
* Screening / treatment reduction
For regular, impaired, or drug DUI, the judge may suspend all but 1 day for a first offense or 30 days for a second upon completion of the ordered program. The reduction is discretionary.
** Interlock reduction
For a first extreme or super extreme DUI, the judge may suspend all but 9 or 14 days with a 12-month interlock condition. MVD may require a longer interlock period.
Jail range vs. time served
The large numbers show the range before a permitted suspension. The reduction line shows the possible unsuspended minimum. Home detention and credits require a separate analysis.
First-offense statutory minimums are consecutive. A second §28-1381 offense requires 30 consecutive days. Alcohol-concentration offenses use the statutory two-hour rule and other conditions. Sources: 1, 2.
02 / Financial and interlock consequences
What else comes with a misdemeanor DUI?
The dollar amounts below include the minimum base fine plus the assessments listed in the DUI statute. They do not include every surcharge, fee, or cost. The second-offense columns use the same 84-month rule. Sources: 1, 2, 4, 5.
| Offense | First: minimum subtotal | Second: minimum subtotal | First: interlock | Second: interlock |
|---|---|---|---|---|
| Impaired / .08Alcohol involved | $1,250 | $3,000 | 12 months* | 12 months |
| Drug-only DUI§28-1381(A)(1) or (A)(3) | $1,250 | $3,000 | Not automatic | Not automatic |
| Extreme DUI.15 to below .20 | $2,500 | $3,250 | 12 months | 12 months |
| Super extreme DUI.20 or more | $2,750 | $3,750 | 18 months | 24 months |
Drug-only DUI does not automatically require an interlock. The court may order one. For alcohol-related cases, longer court orders or MVD extensions can apply. Qualifying first §28-1381 cases may receive a six-month interlock deferment from MVD. Sources: 1, 5.
What is included in the dollar amounts?
- Regular / impaired / drug: $250 fine + $1,000 assessments for a first offense; $500 + $2,500 for a second.
- Extreme: $250 + $2,250 for a first; $500 + $2,750 for a second.
- Super extreme: $500 + $2,250 for a first; $1,000 + $2,750 for a second.
The base fine can reach $2,500 per misdemeanor count. Surcharges, court costs, custody costs, treatment, interlock, restitution, and other charges are additional. Sources: 1, 2, 4.
Other consequences include screening, ordered education or treatment, and traffic survival school. Second offenses require at least 30 hours of community restitution, subject to authorized alternatives. Misdemeanor DUI probation can last up to five years. Sources: 1, 2, 6, 9.
03 / Driving privileges
The court case and your license run separately.
Refusing testing can produce a 12-month suspension, or 24 months for a repeat refusal within 84 months. Drug-only cases do not qualify for every alcohol-based restricted-license option. Aggravated DUI has additional revocation rules below. Sources: 8, 19.
04 / All five aggravated DUI grounds
When DUI becomes a felony
A first DUI can be aggravated. The circumstance that makes the DUI a felony determines its classification and mandatory custody rules. More than one ground may apply to the same incident. Sources: 10.
Class 4 felony01. License status§28-1383(A)(1)
A DUI committed while the person’s license or driving privilege is suspended, canceled, revoked or refused, or while a specified DUI-related restriction is in effect.
Class 4 felony02. Third or later qualifying DUI§28-1383(A)(2)
A third or later qualifying DUI within 84 months. Qualifying offenses can include regular, extreme, aggravated, and comparable out-of-state DUI offenses.
Class 6 felony03. Passenger under age 15§28-1383(A)(3)
A DUI with a person under 15 in the vehicle: (a) underlying regular or drug DUI; or (b) underlying extreme or super extreme DUI.
Class 4 felony04. DUI while interlock is required§28-1383(A)(4)
A DUI committed while a court order or MVD requirement to use an ignition interlock is in effect. The ground can apply even when a device is installed.
Class 4 felony05. Wrong-way driving on a highway§28-1383(A)(5)
A DUI committed while driving against the lawful flow of traffic on a highway. The statutory definition excludes median crossing and a collision in which the vehicle comes to rest facing the wrong way.
The aggravated-DUI 84-month calculation excludes qualifying incarceration and probation-absconder time. Limited county jail programs can replace prison service under §28-1383(N). Sources: 10.
A mandatory prison term before probation is different from a full prison sentence. For a first, non-dangerous felony, the full prison range is 1–3.75 years for class 4 and 0.33–2 years for class 6, subject to mandatory DUI minimums. Qualifying felony history can increase the range and remove probation eligibility. Sources: 10, 11, 12.
Other aggravated DUI consequences
$4,000 minimum statutory subtotal
$750 base fine + $250 + $1,500 + $1,500 assessments. The base felony fine can reach $150,000. Surcharges and other costs are additional. Sources: 10, 15.
05 / Felony sentencing ranges
How felony history changes the range
These are full prison sentencing ranges, in years per count, for non-dangerous offenses. The mandatory DUI custody minimums still control. Probation may be available in eligible cases; repetitive sentencing under §13-703 bars probation. Sources: 10, 11, 12, 13.
Class 4 felony prison rangesLicense status, repeat DUI, interlock, and wrong-way driving grounds
| Sentencing category | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| First felony — §13-702 | 1 | 1.5 | 2.5 | 3 | 3.75 |
| One historical prior — category 2 | 2.25 | 3 | 4.5 | 6 | 7.5 |
| Two or more historical priors — category 3 | 6 | 8 | 10 | 12 | 15 |
Class 6 felony prison rangesPassenger under age 15
| Sentencing category | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| First felony — §13-702 | 0.33 | 0.5 | 1 | 1.5 | 2 |
| One historical prior — category 2 | 0.75 | 1 | 1.75 | 2.25 | 2.75 |
| Two or more historical priors — category 3 | 2.25 | 3 | 3.75 | 4.5 | 5.75 |
The outer mitigated and aggravated terms require the statutory findings. Category 1 repetitive sentencing is not shown; its class 6 mitigated term is 0.25 years. A prior aggravated DUI may qualify as a historical prior without the ordinary DUI seven-year limit. Release-status and other enhancements require separate analysis. Sources: 11, 12, 13.
Child-passenger DUI: underlying custody minimums
Section 28-1383(F)–(G) incorporates the minimum incarceration required by the underlying DUI offense. These numbers are before any legally available suspension. Sources: 1, 2, 10.
| Underlying DUI | First offense | Second within 84 months |
|---|---|---|
| Regular / impaired / drug | 10 days | 90 days |
| Extreme (.15 to below .20) | 30 days | 120 days |
| Super extreme (.20 or more) | 45 days | 180 days |
The misdemeanor six-month ceiling does not cap this felony. Do not assume the misdemeanor reductions apply automatically; the felony judgment and suspension authority require separate review.
Aggravated DUI probation, when legally available, can last up to 10 years. A probationary jail condition may be imposed subject to §13-901 and DUI-specific limits. Sources: 9, 10, 14.
06 / Questions that change the answer
Before applying a number to your case
Are drug DUI and impairment the same thing?
They are different legal theories. Section 28-1381(A)(1) addresses impairment to the slightest degree. Section 28-1381(A)(3) addresses a specified drug or metabolite in the body, subject to statutory and legal limits.
Proper prescribed use is a defense to an (A)(3) charge, but it is not a defense to actual impairment under (A)(1). Under §36-2852(B), marijuana components or metabolites alone are insufficient for an (A)(3) conviction; slight impairment is also required. Sources: 1, 17.
Does the earlier DUI have to be the same type?
No. Qualifying prior offenses can cross DUI categories. The misdemeanor second-offense columns use an 84-month window, measured by offense dates. Multiple counts from the same incident do not create a second offense. Aggravated DUI and historical felony priors have their own counting rules. Sources: 1, 2, 6, 10, 13.
Does a jail sentence mean every day must be served inside the jail?
Does this chart cover every possible charge?
This guide covers adult DUI sentencing under the listed statutes. It does not chart injury or death charges, dangerous-offense enhancements, or separate under-21 or commercial driver’s license consequences. Commercial / for-hire .04 DUI uses §28-1381. Other charges or allegations can change the overall exposure.
- License suspensions & reinstatement →Find the guide for your MVD action and driving requirements.
- Home detention & jail preparation →Plan for screening, scheduling, and reporting in Pima County.
- Sentence percentages & time credits →Explore the calculation guide; estimates are not official release dates.
- Talk through your DUI case →Schedule a free criminal defense consultation with AJB Law Firm.
Primary legal sources
Read the statutes
Arizona Legislature sources used for this guide. Statutes checked October 19, 2026. The law applicable to a particular offense date and the court’s orders control.
- [1] A.R.S. §28-1381Regular, impaired and drug DUI
- [2] A.R.S. §28-1382Extreme and super extreme DUI
- [3] A.R.S. §13-707Misdemeanor jail maximum
- [4] A.R.S. §13-802Misdemeanor fine maximum
- [5] A.R.S. §28-3319Interlock terms and deferment
- [6] A.R.S. §28-1387Screening, priors and suspension
- [7] A.R.S. §28-1385Administrative license suspension
- [8] A.R.S. §28-1401Restricted interlock licenses
- [9] A.R.S. §13-902Probation terms
- [10] A.R.S. §28-1383All aggravated DUI grounds
- [11] A.R.S. §13-702First felony sentencing ranges
- [12] A.R.S. §13-703Repetitive felony sentencing ranges
- [13] A.R.S. §13-105(22)Historical prior felony convictions
- [14] A.R.S. §13-901Probation conditions
- [15] A.R.S. §13-801Felony fine maximum
- [16a] A.R.S. §28-3304Mandatory license revocation
- [16b] A.R.S. §28-3315Revocation periods
- [17] A.R.S. §36-2852(B)Marijuana and impairment
- [18a] A.R.S. §9-499.07Municipal home detention
- [18b] A.R.S. §11-251.15County home detention
- [19] A.R.S. §28-1321Refusal and implied consent