No one ever sets out with the intent to get a DUI, and yet around one million DUI arrests happen each year in the US. Arizona, a state with some of the most stringent DUI laws in the country, imposes severe penalties for both first-time/ repeat offenders. In certain circumstances, Arizona law may consider DUI to be a “violent crime”, underscoring the seriousness of the situation.
If you’re facing DUI charges, the potential consequences, like jail time, fines, and license revocation, can be overwhelming. However, with over 25 years of experience, Jeff GOULD Law is the Attorney in YOUR Corner. We understand that knowledge is power and are committed to providing you with all the information you need about Arizona DUI Laws for 2025.
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The Basics of Arizona DUI Laws
Here in the state of Arizona, the legal BAC is .08%. However, it’s crucial to understand that you can still be arrested for a DUI, even with a BAC under the legal limit. This is due to Arizona’s unique “catch-all” AZ DUI Provision Liquor/Drugs/Vapors, a/k/a “Impaired to the Slightest Degree,” law that allows for a DUI even if below .08%. For instance, if an officer pulls you over for driving dangerously, or you have caused an accident, and your BAC is 0.04%, you can still be charged with DUI.
Another distinction to note is that you don’t necessarily have to actually be driving to be arrested for DUI; you only have to be in “physical control” of the vehicle. That can include situations like these:
- Having the car running while in the driver’s seat
- In the act of attempting to start the car
- Being in the car with the keys in your pocket
- Having the keys in the ignition
Unlike some other states, Arizona law also allows police to charge someone with DUI if their BAC is 0.08% or greater within two hours of driving, meaning you can still be charged even if
you are no longer actively driving or in control of the car. There are a few other groups for whom the legal alcohol limit is lower than 0.08%, including:
Commercial Vehicle Drivers
For drivers of 18-wheelers and other commercial vehicles, the legal limit is 0.04%.
Taxi, Rideshare, and Other Vehicle-for-Hire Drivers
Previously, the BAC limit for rideshare drivers was 0.08%. However, as of 2025, the legal BAC for Uber, Lyft, and taxi drivers is now 0.04%.
Drivers Under 21
Arizona has a zero-tolerance law for underage drivers. If you’re under 21 and your BAC is above 0.00%, you may be charged with DUI.
What Constitutes a DUI in Arizona
Regardless of whether a traffic offense involves alcohol or drugs, it is referred to as DUI. In terms of alcohol, anyone driving with a blood-alcohol content that exceeds .08% can be arrested for DUI. Similarly, any amount of an illegal drug in your system can form the basis of a DUI arrest. You can even be arrested for DUI based on the use of prescription drugs if they impair your ability to drive.
Arizona DUI Levels
What happens when you get a DUI in Arizona depends on the level you’re charged with. Depending on the circumstances surrounding your arrest, there are several different recognized types of Arizona DUIs. Traditional DUIs are the least serious, followed by extreme DUIs and then aggravated DUIs.
Traditional DUI – First Offense
A traditional DUI charge in Arizona is a Class 1 misdemeanor. Even though it isn’t a felony, it can still significantly impact your life. Penalties for a DUI first offense include the following:
- A minimum of 10 consecutive days in jail, 9 days suspended = 1 day
- A fine of at least $1,550 +
- Community service
- Alcohol screening and education / MADD Class
- Having to equip your car with an ignition interlock device
- A license suspension of 90 days to one year
Traditional DUI – Second Offense
- A minimum of 90 days in jail
- A fine of at least $3,500 +
- Community service
- Alcohol screening, education / MADD Class
- Having to equip your car with an ignition interlock device
- A 12-month license revocation in addition to 1-year ignition interlock device
Extreme DUI
If your BAC is at least 0.15%, you will be charged with extreme DUI. This is still a Class 1 misdemeanor, but the penalties are more significant than those for a traditional DUI and can include:
- At least 30 days in jail with no option for probation or a suspended sentence
- A fine of at least $3,000 +
- Community service
- Alcohol screening, education, / MADD Class
- Having to equip your car with an ignition interlock device
- License suspension of 90 days to one year
One of the starkest differences between extreme DUIs and ordinary DUIs is that extreme DUIs come with a mandatory jail sentence.
Super Extreme DUI
Like an extreme DUI, a super extreme DUI is also a Class 1 misdemeanor. You will be charged with a super extreme DUI if your BAC was at least 0.20% when you were arrested. If you’re convicted of a super extreme DUI, the penalties are similar to those for extreme DUI, but you will face additional fines and jail time.
Aggravated DUI
An aggravated DUI is a felony. Under Arizona DUI laws, an aggravated DUI can be a Class 4 or Class 6 felony, depending on the circumstances. These are some of the situations that may result in an aggravated DUI charge:
- Getting a third or subsequent DUI in 84 months (Class 4)
- Getting a DUI during the time you are required to have an interlock device in your car (Class 4)
- Getting a DUI while driving the wrong way (Class 4)
- Getting a DUI when your license is already suspended or revoked (Class 4)
- Getting a DUI with a child under 15 (Class 6)
If you’re convicted of an aggravated DUI, you may be required to spend at least four months in prison. Fines can reach six figures. Upon release, the felony remains on your record, meaning you lose the right to vote and own a gun.
Have You Been Charged With a DUI in Arizona?
Facing DUI charges in the Grand Canyon State can be daunting. While you might not be able to undo the arrest, the next best step is to retain an experienced defense lawyer. Judges have some latitude when it comes to sentencing for DUI. This means that even if you are convicted, a skilled DUI lawyer may be able to help negotiate lower penalties. If you or someone you know has been charged with a DUI…
Don’t DELAY: Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.