DUI Laws

Welcome to the Maricopa County Attorney's web site dedicated to the prosecution and prevention of DUI crimes. DUI stands for Driving Under the Influence of alcohol or drugs. Some states refer to this crime as DWI, Driving While Intoxicated. Driving Under the Influence is based upon a person's blood alcohol concentration (BAC). This is determined either through a blood or breath test. A urine test will be conducted if drugs, rather than alcohol, are suspected.

DUI is based on a person's ability to operate a vehicle. If they consume ANY alcohol, and that alcohol impairs their normal ability to drive to the slightest degree, they are guilty of DUI. Another type of DUI is based upon blood alcohol concentration (BAC). The legal BAC limit in Arizona is .08 for people over the age of 21. If a person has a BAC of over .08 within two hours of driving, it no longer matters if their ability to drive is affected; it is illegal to drive with that BAC in Arizona, regardless of driving ability. Even if a person's BAC is below .08, they are still guilty of DUI if they are impaired to the slightest degree. (ARS 28-1381)

Additionally, our state has a zero tolerance law for anyone under the age of 21. If someone under the age of 21 is suspected of drunk driving, a BAC of only .01 may be enough to warrant arrest. In other words, for a person who is under the age of 21, driving with ANY alcohol in the system is a crime even if they are not impaired.

Driving Under the Influence (DUI)

The crime of DUI in Arizona is committed when one is driving a motor vehicle or is in actual physical control of a motor vehicle under any of the following circumstances:

• While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs or vapor-releasing substances if the person is impaired to the slightest degree.
• If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle.
• While there is any illegal or intoxicating drug or its metabolite in the person's body.
• If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in Section 28-3001 and the person has an alcohol concentration of 0.04 or more.

Extreme DUI

The crime of Extreme DUI in Arizona is committed when one is driving a motor vehicle or is in actual physical control of a motor vehicle and has an alcohol concentration of .15 or more within two hours of driving or being in actual physical control.

Aggravated DUI

A person is guilty of aggravated driving or actual physical control while under the influence of an intoxicating liquor or drugs if the person does any of the following:

• Commits a violation of DUI or Extreme DUI (as explained above) while the person's driver license or privilege to drive is cancelled, suspended, revoked, or refused while a restriction is placed on the person's driver license or privilege to drive as a result of a of DUI or Extreme DUI.
• Within a period of eighty-four months (7 years) commits a third or subsequent violation of DUI or Extreme DUI.
• Commits a violation of DUI or Extreme DUI while a person under 15 years of age is in the vehicle.
• If you are ordered to put an ignition interlock device on your vehicle, and you refuse to take a breath, blood or urine test in a DUI investigation.
• If you are ordered to get an ignition interlock device on your car, and you commit a violation of DUI or Extreme DUI.

Juvenile / Underage DUI

It is a crime for a person under the age of 21 years to operate or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person's body.