01/13/2026
DUI in Arizona: What is illegal?
Very generally, it's illegal to operate a motor vehicle on a public roadway while impaired even just a little ("to the slightest degree"), based only on the officer's observations, but that's not what we commonly think of. Everyone knows if you have a BAC (blood alcohol concentration) of 0.08% and 0.149% (within two hours of the stop) you are presumed to be impaired, and face "at least 10 days" in JAIL (much of which can be suspended), FINES + mandatory surcharges ("SC") as much as an additional 83% of the base fine, usually LICENSE SUSPENSION/revocation, with IGNITION INTERLOCK Device (IID) so you must breath into it to start the vehicle, and more. I will refer to all of that as "STANDARD DUI".
BAC of 0.15+ is called EXTREME DUI, which leaves the driver facing "at least 30 days" jail (less possible suspension pending alcohol treatment), much higher fines + SC, and longer license suspension.
BACs over 0.20+ can be charged as felony SUPER EXTREME DUI, which carry even much longer jail times, fines & SC, license action 90-365 days, IID time of 18+ months, and other penalties.
AGGRAVATED DUI is a Class 4 Felony and is punishable much more harshly! Start with 4-8 months in ADOC prison (not county jail), about $6,000 or more in fines & SC, 1–3-year license revocation, 24+ months of IID, possible vehicle forfeiture, and a felony record. There are several factors, including having a child under 15 in the vehicle, which can increase the charge to aggravated.
None of the above takes into consideration many thousands of dollars it will cost the person in ATTORNEY'S FEES (unless they qualify for, and want to be, assigned a public defender, and greatly increased costs of AUTO INSURANCE for a few years.
-REFUSAL to consent to chemical breath testing (or blood or urine) is a separate offense which will lead to automatic license suspension, even if later acquitted of the DUI.
-UNDER 21: Zero tolerance, any alcohol is illegal and DUI.
-CDL commercial driver: 0.04% limit.
-DRUGS: Any illegal drug OR ITS METABOLITE in your system is DUI, (even if NOT impaired).
Have I gotten everyone's attention yet?
The law in Arizona is focused on the safety of us all. Plan ahead. If you plan to drink or have Rx medications (which can cause impairment), or illegal drugs in your system, arrange for transportation that does not include you taking the risk of being pulled over for DUI.
Arizona prosecutors are aggressive, and convictions can have lifelong consequences. Having legal representation should make a significant difference as compared to going it alone. Getting early representation will help the person more fully understand the criminal justice system situation he or she is in so they can make the best possible decisions going forward.
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