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Arizona DUI Laws
Trusted DUI Defense Lawyers for Clients in Tucson, Arizona
The state of Arizona has dozens of laws regarding drunk driving, drugged driving, implied consent, blood alcohol tests, restricted licenses, ignition interlock devices, and both criminal and administrative penalties. If you have been charged with driving under the influence (DUI), contact the DUI defense lawyers of The Behan Law Group, P.L.L.C. at 520-220-5047 to learn more about the relevant laws and the best DUI defense strategies.
Arizona DUI Laws
Arizona's drunk driving laws include but are not limited to:
- §28-1321: This is Arizona's implied consent law. It states that by operating a motor vehicle within Arizona, you give consent to the testing of your blood, breath, urine, or other bodily substance to determine your blood alcohol concentration (BAC) when arrested for a drunk driving offense. However, you have the right to decline to take any of these tests, and if asked to take a test, you should ask to speak with an attorney first.
- §28-1381: This is the basic prohibition against driving or having actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of these things if impaired to the slightest degree. It also lays out the legal BAC limit of .08 percent.
- §28-1382: This statute covers a more serious DUI offense, which occurs when a driver is found to have a BAC above .15 percent within two hours of driving or being in actual physical control of a vehicle. This is known as an extreme DUI. Drivers who have a BAC of .20 or higher can also be charged with an extreme DUI, but face more severe penalties.
- §28-1383: This statute defines aggravated DUI, which occurs if a driver is found driving or in actual physical control of a vehicle while under the influence of liquor or drugs, and at least one of four factors applies to their situation: 1) They were driving on a suspended, revoked, or restricted license, 2) They have two other DUI convictions where the violations occurred within the past seven years, 3) They had a minor under the age of 15 in the vehicle, or 4) They were ordered to but did not have an ignition interlock device installed in their vehicle.
- §28-1385: This law lays out the procedures for the administrative license suspension a driver receives after being charged with a DUI. It requires the police to forward information regarding the arrest to the Motor Vehicle Department and to serve the driver with a notice of an order of suspension, which goes into effect 30 days later, if the driver does not request a hearing.
- §28-1387: This statute provides Arizona's "lookback period," which is the period of time the court will review to see if a driver has any previous DUI convictions. For drivers with a first, second, or third DUI conviction within the previous 84 months, these can be used to enhance the current charge and punishments.
- §28-1388: This statute creates additional rules regarding breath and blood alcohol testing and when these tests can be used as admissible evidence in a DUI case. The statute defines who is qualified to conduct a breath or blood test and a driver's right to have an independent test performed by someone other than the police. If the BAC test used by the police does not adhere to Arizona law, a DUI defense attorney can seek to have it deemed inadmissible.
Arizona DUI Law FAQs
Answer: As of 2026, DUI is punishable as a class 1 misdemeanor in Arizona. The legal limit for alcohol in your system is capped at a BAC of .08 percent, which is consistent with many other states.
Answer: The BAC threshold is not a hard requirement for a DUI. You can still be charged with a DUI if you are determined to be “impaired to the slightest degree” while driving or in actual control of a vehicle.
Answer: A standard DUI with no aggravating factors is typically punishable by up to six months in jail. This also includes a mandatory sentence of 10 days in jail. Additionally, a conviction carries a minimum fine of $250 and a license suspension.
Answer: Being arrested for a DUI in Arizona does not necessarily mean you will have to go to jail. A lawyer can review your options to avoid a conviction, which may involve challenging the traffic stop, the evidence, or other issues in the prosecution’s case.
Answer: Arizona’s zero-tolerance DUI laws mean that drivers under 21 are forbidden from having any alcohol present in their systems, unlike the .08 percent BAC limit for drivers over 21.
Answer: There are various circumstances in which drivers in Arizona can be charged with a felony for DUI. The state can charge you with aggravated DUI for committing a DUI while your license is currently suspended due to a DUI offense or for committing a third DUI violation in an 84-month period.
Answer: You can be charged with an extreme DUI for driving with a BAC of at least .15 percent. This offense carries a minimum jail sentence of 30 consecutive days.
Answer: A super extreme DUI applies at a BAC of .20 percent or higher, and it carries a sentence of 45 days in jail. Since this is well over double the legal limit of .08 percent, prosecutors will often pursue these cases more aggressively.
Answer: ARS 28-1381 describes the situations when a driver could be charged with DUI, as well as the possible penalties for first and subsequent offenses. Understanding ARS 28-1381 is important for building a DUI defense strategy, as your attorney may be able to argue that your conduct did not meet the requirements set by the statute.
Answer: After an arrest for a DUI, your license will typically be suspended. The length of the suspension depends on different factors, such as whether or not you refused to take a chemical test under the state’s implied consent law.
Answer: The implied consent law will impose a longer license suspension period if you refuse to take a blood or breath test after an arrest. According to the Arizona Department of Transportation, you could face a 12-month suspension for refusing to take a test, compared to a 90-day suspension you would get for taking and failing the test.
Answer: Under Arizona law, a second DUI violation carries a stricter mandatory minimum sentence upon conviction, including a 90-day consecutive jail sentence and a fine of at least $500.
Answer: Once a certain amount of time has passed since your DUI conviction in Arizona, you may be able to get your record sealed, meaning that it will not be accessible to the public. You can also petition to have a DUI conviction set aside, which can release you from the negative effects of a conviction if the court approves your request.
Answer: Under ARS 28-1381, you can be charged with a crime if you are under the influence while in “actual physical control” of the vehicle. Effectively, this means you could still get in legal trouble for being behind the driver’s seat with your keys in the ignition while drunk.
Contact a Pima County, AZ DUI Defense Lawyer For Help
These are only a few of the state's numerous laws relevant to DUI offenses. If you are facing one or more drunk driving charges, contact the drunk driving defense attorneys at The Behan Law Group, P.L.L.C. at 520-220-5047 right away. We will review the charges against you, explain the relevant laws, and help you build the strongest defense strategy possible under the law.
