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: what makes a DUI unlawful, what the courts presume about your sobriety, and what penalties you face for a first or second conviction.
Arizona DUI law (A.R.S. § 28-1381) makes it unlawful to drive — or be in physical control of a vehicle — while impaired to any degree, or with a BAC of 0.08 or more. A first conviction carries a minimum of 10 consecutive days in jail (reducible to 1 day with treatment), a $250 fine, and $1,000 in mandatory assessments. A second conviction within 7 years requires a minimum of 90 days in jail, a $500 fine, $2,500 in assessments, and a one-year license revocation.
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 when it is unlawful to drive — or 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, and it applies statewide: Phoenix, Scottsdale, Tempe, Mesa, Chandler, Glendale, and every other city in Maricopa County and beyond.
When Is Driving (or Being in a Vehicle) Unlawful?
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, or a vapor-releasing substance — if the person is impaired to the slightest degree. You do not need a BAC of 0.08 or higher. Any measurable impairment can support a charge, even at low BAC levels.
2. BAC of 0.08 or More Within Two Hours of Driving
It is unlawful to have a 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. A valid prescription may be a defense under certain circumstances (discussed below).
4. Commercial Drivers: BAC of 0.04 or More
For drivers of commercial motor vehicles requiring a CDL, the legal limit is 0.04 BAC — half the standard limit.
5. Rideshare and For-Hire Drivers: BAC of 0.04 or More
Drivers operating vehicles for hire — including rideshare (TNC) drivers — are held to the 0.04 BAC standard while actively providing services.
Prescription Drug Defense and Its Limits
A valid prescription is a defense to the “drugs in the body” charge under § 28-1381(A)(3) — but not to the “impaired to the slightest degree” charge under § 28-1381(A)(1). If a prescribed medication caused measurable impairment while driving, DUI charges remain possible in Arizona.
Under § 28-1381(D), a person who uses a drug as prescribed by a licensed medical practitioner is not guilty of violating the drugs-in-the-body provision. However, this defense does not apply to impairment-based charges. A valid prescription does not automatically shield you from a DUI charge if you were actually impaired while driving.
Alcohol Level Presumptions at Trial
Arizona law establishes three evidentiary presumptions based on BAC readings taken within two hours of driving (§ 28-1381(G)). These are rebuttable — other competent evidence may still be introduced regardless of BAC.
First DUI Conviction in Arizona: Penalties
A first-offense DUI under A.R.S. § 28-1381 is a Class 1 misdemeanor. Mandatory minimums: 10 consecutive jail days (reducible to 1 day with treatment completion), $250 fine, $1,000 in additional assessments, required ignition interlock device if alcohol was involved, and Traffic Survival School.
When fines, 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 Within 84 Months: Penalties
A second DUI within 84 months (7 years) triggers significantly harsher mandatory penalties: 90 days in jail (30 consecutive, even with treatment), $500 fine, $2,500 in mandatory assessments, one-year license revocation, 30 hours of mandatory community restitution, and a required ignition interlock device. The 84-month window runs from the dates the offenses were committed, 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 must allege all prior DUI convictions within the past 36 months for sentencing purposes. Convictions under § 28-1381 (standard DUI), § 28-1382 (Extreme DUI), and § 28-1383 (Aggravated DUI) all count — as do equivalent offenses from other states. The 84-month window is measured from the dates of commission, not the conviction dates. 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 must inform the defendant of this right — and if the defendant requests one, it must be granted. A jury trial may be a critical strategic option, particularly where the evidence is disputed or BAC test results are challengeable.
Special Situations
Collision Resulting in Serious Injury or Death: Prosecution must be commenced within two years of actual discovery of the offense (§ 28-1381(Q)).
Drug DUI: A court may order IID installation, but it is not automatically required by the department in the same way as alcohol-related convictions. The standard is the presence of any proscribed drug or its metabolite — not impairment alone — subject to the prescription defense.
Rideshare and For-Hire Drivers: These drivers face the stricter 0.04 BAC standard while actively providing transportation services.
Frequently Asked Questions
Can I be arrested for DUI if I was just sitting in a parked car in Arizona?
Yes. Arizona’s “actual physical control” standard means you can be charged with DUI even without actively driving. Courts evaluate engine status, key position, and where you were in the vehicle. If an officer believes you had the ability to put the vehicle in motion while impaired, you can be charged.
What if I have a valid prescription for the drug found in my system?
A valid prescription is a defense to the “drugs in the body” provision of § 28-1381(A)(3), but not to the “impaired to the slightest degree” charge under § 28-1381(A)(1). If a prescribed medication caused any measurable impairment at the time of driving, you may still face DUI charges in Arizona.
Does marijuana use count as a DUI in Arizona?
Yes. Driving while impaired by marijuana is unlawful in Arizona even though recreational use is legal. The presence of THC metabolites in your blood following legal consumption may still implicate § 28-1381(A)(3), depending on the circumstances and current Arizona case law. This is an evolving area of law.
What happens if I refuse a breath or blood test in Arizona?
Refusing a chemical test triggers administrative consequences under Arizona’s implied consent law — including automatic license suspension — separate from any criminal DUI charges. The refusal can also be introduced as evidence against you at trial.
Are there enhanced DUI penalties in Arizona for very high BAC levels?
Yes — those are covered by separate statutes. A.R.S. § 28-1382 covers “Extreme DUI” (BAC 0.15 or more) and “Super Extreme DUI” (BAC 0.20 or more), which carry their own, more severe mandatory minimum penalties than a standard DUI under § 28-1381.
How long does a DUI stay on my record in Arizona?
A DUI conviction in Arizona is a permanent criminal record and is not eligible for expungement under current law. You may be eligible to petition for a “set aside” of the conviction under A.R.S. § 13-907 once all sentence terms are completed. A set aside does not erase the record but may reduce its impact on employment and licensing decisions.
Why the Specific Facts of Your Case Matter
The sentences described above are legal minimums and maximums under the statute. What actually happens depends on a wide range of factors: the strength of the evidence, 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.
Questions About a DUI Arrest in Arizona?
Gordon Thompson has handled DUI and criminal cases for over 47 years, representing clients throughout Maricopa County — including Phoenix, Scottsdale, Tempe, Mesa, and Chandler. He offers free phone and video consultations.
This article is for general educational purposes only and does not constitute legal advice. Laws may change. Consult a licensed Arizona attorney for advice specific to your situation.
This post references Arizona Revised Statutes § 28-1381 as of June 2026. For the official current text, visit azleg.gov.