Arizona DUI Penalties: First, Second & Aggravated DUI | AJB Law Firm
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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.

Misdemeanor jail ranges before a permitted suspension of sentence
Offense of convictionFirst offenseSecond 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.

Minimum base fine plus listed DUI assessments; interlock periods are separate
OffenseFirst: minimum subtotalSecond: minimum subtotalFirst: interlockSecond: interlock
Impaired / .08Alcohol involved$1,250$3,00012 months*12 months
Drug-only DUI§28-1381(A)(1) or (A)(3)$1,250$3,000Not automaticNot automatic
Extreme DUI.15 to below .20$2,500$3,25012 months12 months
Super extreme DUI.20 or more$2,750$3,75018 months24 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.

First offense: usually a 90-day suspension

A qualifying earlier administrative per se (APS) or refusal suspension can satisfy the conviction-triggered suspension rule. Restricted driving requires separate eligibility. Sources: 6, 7.

Second offense: revocation

Regular DUI carries a one-year revocation; the extreme-DUI statute specifies at least one year. A restricted interlock license may be available to qualifying drivers. Sources: 1, 2, 8.

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.

Find your license reinstatement steps →

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.

At least 4 months in prisonThis mandatory term must be served before probation or release under §28-1383(D).
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.

Third: at least 4 months • Fourth+: at least 8 monthsThese are prison minimums. The eight-month rule requires three or more qualifying prior DUI convictions.
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.

Underlying DUI incarceration minimum appliesThere is no automatic four-month prison floor for this ground alone. See the child-passenger chart below for the underlying minimums.
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.

No four-month floor for this ground aloneParagraph (A)(4) is not included in the mandatory four-month list in §28-1383(D). Probation may be available, depending on the other charges and sentencing allegations.
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.

At least 4 months in prisonThis mandatory term must be served before probation or release under §28-1383(D).

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.

License revocation

At least one year before a new license under §28-1383. A third or later qualifying DUI triggers a three-year revocation under §§28-3304(A)(10) and 28-3315(E)(1). Restricted-license exceptions are limited. Sources: 8, 10, 16a, 16b.

Interlock and programs

With alcohol involved: class 4 = 24 months; child + regular DUI = 12 months; child + extreme / super extreme = 24 months. Drug-only: the court may order an interlock. Screening, ordered treatment and traffic survival school also apply. Sources: 5, 10.

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
Class 4 non-dangerous felony: all numbers are years in prison
Sentencing categoryMitigatedMinimumPresumptiveMaximumAggravated
First felony — §13-70211.52.533.75
One historical prior — category 22.2534.567.5
Two or more historical priors — category 368101215
Class 6 felony prison rangesPassenger under age 15
Class 6 non-dangerous felony: all numbers are years in prison
Sentencing categoryMitigatedMinimumPresumptiveMaximumAggravated
First felony — §13-7020.330.511.52
One historical prior — category 20.7511.752.252.75
Two or more historical priors — category 32.2533.754.55.75

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.

Child-passenger felony: underlying incarceration minimums before any legally available suspension
Underlying DUIFirst offenseSecond within 84 months
Regular / impaired / drug10 days90 days
Extreme (.15 to below .20)30 days120 days
Super extreme (.20 or more)45 days180 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?

Home detention, work release, and service credits are separate from suspension of a sentence. Eligibility and actual custody depend on the statute, court, program, and commitment order. The lowest number in a chart is not guaranteed. Sources: 6, 18a, 18b.

Read the Pima County home-detention guide →

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.

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.

AJB Law Firm, LLC · Tucson, Arizona

This guide is general educational information, not an individualized sentencing or driving-eligibility determination. Viewing this guide or contacting the firm does not create an attorney-client relationship. Individual facts, prior offenses, additional allegations, court orders, and MVD requirements can change the result.

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