By Gordon Thompson | Arizona DUI & Criminal Defense Attorney | Updated June 2026

Arizona DUI Law Explained: Penalties for First & Second Offense Under A.R.S. § 28-1381

If you or someone you care about has been stopped or arrested for DUI in Arizona, one of the first things you need to understand is what the law actually says — and what it means for you. This guide explains Arizona’s primary DUI statute, A.R.S. § 28-1381, in plain language, including exactly what makes a DUI unlawful, what the courts presume about your sobriety, and what penalties you face for a first or second conviction.

Arizona has some of the strictest DUI laws in the country. Understanding your exposure under the law is the first step toward making informed decisions about your case.

What Is A.R.S. § 28-1381? Arizona’s Core DUI Statute

Arizona Revised Statutes § 28-1381 is the foundation of Arizona DUI law. It defines the circumstances under which it is unlawful to drive — or even to simply be in control of — a vehicle while impaired. The law covers not just alcohol but also drugs, vapor-releasing substances, and any combination thereof.

The statute applies statewide, meaning it governs DUI arrests and prosecutions throughout Arizona, including in Maricopa County cities such as Phoenix, Scottsdale, Tempe, Mesa, Chandler, Glendale, and beyond.

When Is Driving (or Being in a Vehicle) Unlawful Under Arizona DUI Law?

Under § 28-1381(A), a person violates Arizona DUI law under any of the following five circumstances:

1. Impaired to the Slightest Degree

It is unlawful to drive or be in 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 — if the person is impaired to the slightest degree.

This is arguably the broadest provision in Arizona DUI law. You do not need a BAC of 0.08 or higher to be charged under this subsection. If the prosecution can show any measurable impairment, a charge is possible even at low BAC levels.

2. BAC of 0.08 or More Within Two Hours of Driving

It is unlawful to have a blood alcohol concentration (BAC) of 0.08 or more within two hours of driving or being in actual physical control of the vehicle, where the alcohol was consumed before or while driving.

3. Drugs or Metabolites in the Body

It is unlawful to drive while any drug defined in A.R.S. § 13-3401 — or its metabolite — is present in the person’s body. This includes many controlled substances. Note: a valid prescription may be a defense under certain circumstances (see below).

4. Commercial Drivers: BAC of 0.04 or More

For drivers of commercial motor vehicles requiring a commercial driver license (CDL), the legal limit is cut in half — 0.04 BAC or more is unlawful.

5. Rideshare and For-Hire Drivers: BAC of 0.04 or More

Drivers operating vehicles for hire — including transportation network company (TNC) drivers such as those working for rideshare platforms — are also held to the lower 0.04 BAC standard while providing those services.

Prescription Drug Defense and Its Limits

Under § 28-1381(D), a person who uses a drug as prescribed by a licensed medical practitioner authorized to prescribe it is not guilty of violating the “drugs in the body” provision (subsection A, paragraph 3). However, this defense does not apply to the “impaired to the slightest degree” charge under paragraph 1. In other words, a valid prescription does not automatically insulate you from a DUI charge if you are actually impaired.

Alcohol Level Presumptions at Trial

Arizona law establishes three evidentiary presumptions based on a defendant’s BAC reading within two hours of driving (§ 28-1381(G)). These apply in most DUI trials except those involving commercial vehicles or for-hire drivers:

These are rebuttable presumptions, not absolute rules. Other competent evidence may still be introduced regardless of BAC. An experienced DUI defense attorney can challenge the accuracy of BAC testing equipment, the circumstances of the stop, and how the test was administered.

First DUI Conviction in Arizona: Minimum and Maximum Penalties

A first-offense DUI under § 28-1381 is classified as a Class 1 misdemeanor — the most serious misdemeanor classification in Arizona.

When fines, court fees, surcharges, IID installation and monitoring costs, traffic survival school tuition, and attorney fees are added together, the real-world financial impact of a first DUI in Arizona commonly runs into the thousands of dollars.

Second DUI Conviction in Arizona Within 84 Months: Minimum and Maximum Penalties

If a person is convicted of a second DUI under § 28-1381 within 84 months (7 years) of a prior DUI conviction — including convictions under §§ 28-1382 (Extreme DUI) or 28-1383 (Aggravated DUI), or an equivalent offense from another state — the penalties increase substantially under § 28-1381(K).

The 84-month window is measured from the dates of commission of the offenses, not the conviction dates.

A second DUI also triggers mandatory driver’s license revocation for one year. However, after serving 45 days of that revocation period, a person may petition for a Special Ignition Interlock Restricted Driver License — allowing limited driving privileges with a certified IID installed.

How Prior Convictions Are Counted

Under § 28-1381(E), the prosecution is required to allege all prior DUI convictions occurring within the past 36 months for purposes of classification and sentencing — unless there is insufficient legal or factual basis to do so. Convictions under the standard DUI statute (§ 28-1381), the Extreme DUI statute (§ 28-1382), and the Aggravated DUI statute (§ 28-1383) all count.

A second conviction does not apply when both offenses arise from the same series of acts (§ 28-1381(N)).

Your Right to a Jury Trial

Many people do not realize that in a DUI case, a defendant has the right to request a jury trial. Under § 28-1381(F), at arraignment the court is required to inform the defendant of this right — and if the defendant requests a jury trial, that request must be granted.

A jury trial may be a critical strategic option in your case, particularly where the evidence is disputed or the BAC test results are challengeable.

Special Situations: Serious Injury or Death, Drug DUI, and Rideshare Drivers

Collision Resulting in Serious Injury or Death: If a DUI involved a collision resulting in serious physical injury or death (as identified in a written accident report), the prosecution must be commenced within two years of actual discovery of the offense — or the date when discovery should have occurred with reasonable diligence (§ 28-1381(Q)).

Drug DUI: If the DUI involves drugs rather than alcohol, a court may still order ignition interlock device installation, but it is not automatically required by the department in the same way it is for alcohol-related convictions. The standard for a drug DUI is the presence of any proscribed drug or its metabolite in the body — not impairment alone (subject to the prescription defense discussed above).

Rideshare and For-Hire Drivers: These drivers are held to stricter standards under Arizona law. A BAC of 0.04 — half the standard limit — is sufficient for a DUI charge when the driver is actively providing transportation services.

Frequently Asked Questions About Arizona DUI Law

Can I be arrested for DUI if I was just sitting in a parked car?

Yes. Arizona’s “actual physical control” standard means you can be charged with DUI even without actively driving. Courts evaluate factors such as engine status, key position, and the driver’s location in the vehicle.

What if I have a prescription for the drug in my system?

A valid prescription is a defense to the “drugs in the body” provision (§ 28-1381(A)(3)), but not to the “impaired to the slightest degree” charge (§ 28-1381(A)(1)). If a prescribed medication caused any measurable impairment, you may still face charges.

Does marijuana use count as a DUI in Arizona?

This is an evolving area of Arizona law. While marijuana is legal for adult use in Arizona, driving while impaired by marijuana remains unlawful. The presence of THC metabolites in the blood following legal consumption may implicate § 28-1381(A)(3) depending on the circumstances and relevant case law developments.

What happens if I refuse a breath or blood test?

Refusing a chemical test triggers administrative consequences under Arizona’s implied consent law, including automatic license suspension — separate from any criminal DUI charges. Refusal can also be used as evidence against you at trial.

Are there enhanced penalties for very high BAC levels?

Yes — those are found in separate statutes. A.R.S. § 28-1382 covers “Extreme DUI” (BAC of 0.15 or more) and “Super Extreme DUI” (BAC of 0.20 or more), which carry their own, more severe mandatory penalties.

Why the Specific Facts of Your Case Matter

The sentences described above are legal minimums and maximums under the statute. What actually happens in any individual case depends on a wide range of factors: the strength of the evidence against you, whether BAC testing was properly conducted, whether the traffic stop was lawful, the specific court and judge involved, your personal history, and how your case is presented and defended.

An experienced Arizona DUI defense attorney can evaluate every one of these factors, identify weaknesses in the prosecution’s case, and pursue the best possible outcome — whether that is a dismissal, a reduced charge, a not-guilty verdict at trial, or minimized sentencing consequences if a conviction does occur.

This post references Arizona Revised Statutes § 28-1381 as of June 2026. For the official current text, visit azleg.gov.