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Tempe
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Lake Havasu City
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Apache Junction
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Parker
Charged With DUI in Arizona?
Your License and Freedom Are on the Line.
In Arizona, it is illegal to drive under the influence of alcohol and/or drugs. Specifically, if you have a blood alcohol concentration (BAC) of .08% or higher – or are impaired at all by drugs or alcohol – then you could be charged with a criminal offense. Arizona imposes a mandatory jail sentence for anyone convicted of driving under the influence (DUI).
Arizona has some of the strictest DUI laws in the country. A single mistake on a Friday night can mean mandatory jail time, a mandatory ignition interlock device, a multi-month license suspension, thousands of dollars in fines, and a criminal record that follows you into every future background check. Unlike most states, Arizona classifies DUI by BAC into escalating tiers: standard, Extreme, and Super Extreme. And unlike most states, Arizona imposes mandatory jail time even on first-offense cases.
Matthew Lopez Law defends every level of DUI charge across Arizona, including standard DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, underage DUI, drug DUI, commercial DUI, and boating OUI. Contact our firm for a confidential consultation.
Arizona uses multiple statutes to prosecute impaired driving. Understanding which statute applies to your case determines the potential penalties.
| Charge | Statute | BAC Range | Classification |
| Standard DUI | ARS 28-1381 | 0.08 to 0.149, or impaired to the slightest degree | Class 1 misdemeanor |
| Extreme DUI | ARS 28-1382(A)(1) | 0.15 to 0.199 | Class 1 misdemeanor |
| Super Extreme DUI | ARS 28-1382(A)(2) | 0.20 or more | Class 1 misdemeanor |
| Aggravated DUI | ARS 28-1383 | Any BAC with aggravating factor | Class 4 or Class 6 felony |
| Commercial DUI | ARS 28-1381(A)(4) | 0.04 or more in commercial vehicle | Class 1 misdemeanor |
| Underage DUI | ARS 4-244(34) | Any alcohol, driver under 21 | Class 1 misdemeanor |
| Boating OUI | ARS 5-395 | 0.08 or more on motorized watercraft | Class 1 misdemeanor |
Under ARS 28-1381(A), it is unlawful to drive or be in actual physical control of a vehicle while:
“Impaired to the slightest degree” means a BAC below 0.08 does not defeat a DUI charge. Officers rely on driving observations, field sobriety tests, bloodshot eyes, odor, and admissions to establish impairment at any BAC level. A BAC above 0.08 creates a statutory presumption of impairment but can still be challenged.
First-offense penalties: minimum 10 consecutive days jail (9 can be suspended on completion of alcohol screening), minimum $250 base fine plus $1,000 in statutory assessments (prison construction and public safety equipment funds) and additional surcharges bringing the total financial obligation to approximately $1,250 to $1,800, mandatory alcohol screening and treatment, 90-day license suspension, and mandatory ignition interlock for 12 months after reinstatement.
Second-offense within 84 months: minimum 90 days jail (60 suspendable after 30 consecutive days served and interlock installation), minimum $500 base fine plus surcharges, 12-month license revocation.
BAC of 0.15 to 0.199 triggers Extreme DUI. First-offense mandatory minimum is 30 consecutive days jail (judge may suspend all but 9 days if defendant installs ignition interlock for 12 months), minimum $250 base fine and $1,000 prison construction assessment.
BAC of 0.20 or more triggers Super Extreme DUI. First-offense mandatory minimum is 45 consecutive days jail (judge may suspend all but 14 days if defendant installs ignition interlock for 12 months), minimum $500 base fine and $1,000 prison construction assessment.
A DUI becomes Aggravated DUI (a felony) when any of the following applies:
Aggravated DUI under subsection A(1), A(2), A(4), or A(5) is a Class 4 felony. Under A(3) (child passenger), it is a Class 6 felony. Third-in-84-months felony carries a minimum 4 months in state prison with no suspension; fourth-in-84-months minimum is 8 months.
Arizona’s lake and river activity, particularly at Lake Havasu, Lake Pleasant, Saguaro Lake, and Bartlett Lake, produces active enforcement of boating Operating Under the Influence laws. Arizona Game and Fish Department wardens are licensed peace officers with full arrest authority, and they run saturation patrols and OUI checkpoints from March through September. Under ARS 5-395(A), it is unlawful to operate or be in actual physical control of a motorized watercraft that is underway while:
Note that OUI applies only to motorized watercraft that is “underway,” which excludes moored, anchored, or grounded vessels. This distinction has meaningful defense implications.
Extreme and Super Extreme OUI. Under ARS 5-397, BAC of 0.15 to 0.199 is Extreme OUI and BAC of 0.20 or more is Super Extreme OUI, with penalty structures paralleling the roadway versions.
Aggravated OUI. Under ARS 5-396, OUI becomes a felony when the defendant commits a third OUI within 84 months or operates with a passenger under 15 onboard. Felony OUI carries boat forfeiture under ARS 5-396.01.
One important difference. Unlike roadway DUI, a boating OUI conviction does not affect a motor vehicle driver license. Arizona Game and Fish reports OUI arrests to ADOT but does not automatically trigger license suspension. The conviction remains on the criminal record and counts as a prior for 84 months.
Reasonable suspicion for the traffic stop. If the officer lacked reasonable suspicion, all evidence obtained after the stop may be suppressed.
Probable cause for arrest. Field sobriety tests must establish probable cause. Medical conditions, injuries, fatigue, footwear, and uneven surfaces all affect test performance.
Two-hour BAC window. Arizona requires BAC measurement “within two hours” of driving. Testing delays, retrograde extrapolation, and rising BAC defenses all implicate this requirement.
Breath test challenges. Intoxilyzer calibration, quality assurance protocols, the 10% margin of error, operator certification, and observation period compliance all present challenges.
Blood test challenges. Blood draw authorization, warrant requirements, chain of custody, sample preservation, and testing methodology all provide challenge points.
Miranda and custodial statements. Post-arrest statements obtained without proper Miranda warnings are subject to suppression.
Implied consent and refusal. Under ARS 28-1321, refusing a chemical test triggers a one-year license suspension. Proper implied consent advisory is required and challengeable.
Actual physical control. When the defendant was not actively driving, the state must prove actual physical control. Location, ignition status, seat position, and intent to drive all matter.
Every DUI arrest triggers a separate civil proceeding at the Arizona Motor Vehicle Division. The MVD can suspend a license based on a chemical test result or a refusal, independent of the criminal case. Drivers have 15 days from arrest to request an administrative hearing; missing this window results in automatic suspension. Criminal defense counsel should handle or coordinate the MVD hearing because testimony from the arresting officer can affect both proceedings.
DUI cases move quickly, and the first 15 days are critical for MVD deadlines, evidence preservation, and pretrial positioning. Every classification from standard DUI through Aggravated DUI requires technical understanding of breath and blood testing, field sobriety protocols, implied consent law, and Arizona’s mandatory-minimum sentencing framework.
We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Flat fees for standard DUI matters. Payment plans available. Every interaction confidential. Contact us for a free consultation.
Every minute counts when you’re facing criminal charges in Arizona. Whether you were just arrested or have court next week, our team is ready to start building your defense right now. We offer free consultations and can start protecting your rights today with flexible payment plans that work for your budget.
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