DUI Penalties

Driving Under the Influence (DUI)
(Class 1 misdemeanor, .08 BAC or more)

A.R.S. section 28-1381

• $250 fine plus two additional assessments of $500 each. One assessment is not subject to surcharge and is deposited in the prison construction and operations fund; the second assessment is deposited in the state general fund.
• Minimum of 10 consecutive days in jail, not eligible for probation or suspension of execution of sentence unless the entire sentence is served. Judge may suspend all but 24 hours of the sentence if the person completes a court ordered alcohol or drug screening treatment program.
• Equip any motor vehicle the person operates with a certified ignition interlock device.
• May be ordered to perform community restitution.

Extreme DUI
(Class 1 misdemeanor, .15 BAC or more)

A.R.S. section 28-1382

• $250 fine plus an additional assessment of $250.
• $1,000 assessment to be deposited in the prison construction and operations fund plus a second $1,000 assessment to be deposited in the state general fund.
• Minimum of 30 consecutive days in jail, not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
• Equip any motor vehicle the person operates with a certified ignition interlock device.
• May be ordered to perform community restitution.
• May be ordered to undergo continuous alcohol monitoring.

Aggravated DUI
(Class 4 felony if reason for aggravation is
license suspension or 3rd in 7 years)

A.R.S. section 28-1383

• Probation for up to 10 years.
• $750 fine plus a $1,500 assessment to be deposited in the prison construction and operations fund and a second $1,500 assessment to be deposited in the state general fund.
• $250 DUI abatement fee.
• Must pay for and install Ignition Interlock Device.
• Minimum of 4 months in prison.
• MVD: automatic revocation for 3 years, must re-apply for license and meet MVD requirements.

Aggravated DUI
(Class 6 felony if reason for aggravation is
child 15 or younger in car)

A.R.S. section 28-1383

• Probation for up to 10 years.
• $750 fine plus a $1,500 assessment to be deposited in the prison construction and operations fund and a second $1,500 assessment to be deposited in the state general fund.
• $250 DUI abatement fee.
• Must pay for and install Ignition Interlock Device.
• Minimum of 10 consecutive days in jail.
• MVD: automatic revocation for 3 years, must re-apply for license and meet MVD requirements.

Underage DUI
(Class 2 misdemeanor, person under 21
with any alcohol in system and driving)

A.R.S. section 4-244.33

• Probation for up to 2 years.
• $1,500 fine plus 80% surcharge.
• Must pay for and install Ignition Interlock Device.
• MVD:
  • If under 18, 2 year suspension (court can restrict).
  • If under 21, 30 days suspended, 60 days restricted home/work/school/treatment.

Reflects Arizona Legislative changes, October 2007