DUI Laws in Arizona

It is unlawful to drive with an alcohol concentration of 0.08 or more within two hours of driving, or while impaired to the slightest degree. The limit is 0.04 for commercial motor vehicle drivers and for vehicle-for-hire and rideshare drivers. Drivers under 21 may not drive with any spirituous liquor in their body.

A first DUI is a class 1 misdemeanor. The sentence is at least 10 consecutive days in jail (the judge may suspend all but one day if the person completes court-ordered alcohol or drug screening, education or treatment), a fine of at least $250 plus additional assessments of $500 and $500, possible community restitution, required Traffic Survival School, and an ignition interlock device when the offense involved alcohol (the court may extend the interlock period beyond 12 months). Administratively, a test result of 0.08 or more leads to a license suspension of at least 90 consecutive days; a first-time driver who caused no death or serious physical injury and proves completion of alcohol or drug screening instead gets 30 days of suspension followed by at least 60 days of restricted driving, or may ask for a special ignition interlock restricted license.

DUI becomes 'aggravated DUI,' a felony, when the driver: (1) commits a DUI while the license is suspended, canceled, revoked, refused or restricted because of an earlier DUI; (2) commits a third or later DUI violation within 84 months (7 years); (3) commits a DUI while a child under 15 is in the vehicle; (4) commits a DUI while required to have an ignition interlock device; or (5) commits a DUI while driving the wrong way on a highway. Most of these are class 4 felonies; the child-passenger version is a class 6 felony. Some versions carry at least 4 months in prison before any release.

Anyone who drives in Arizona consents to blood, breath, urine or other testing after a DUI arrest. Refusing (or not completing) the test leads to a 12-month suspension, or two years for a second or later refusal within 84 months. Reinstatement requires completing alcohol or drug screening. After screening, a first-time refuser may apply for a special ignition interlock restricted driver license for the rest of the suspension; this is not available for a second refusal within 84 months.

84 months (7 years). A second DUI within 84 months brings increased penalties, and prior DUI convictions within the past 36 months must be alleged for classification and sentencing.

Arizona MVD says a conviction stays on the driving record for five years from the date of conviction. For the criminal record, a person who has finished the sentence can ask the court to set aside the conviction or to seal the case records. A misdemeanor DUI can be sealed 3 years after the sentence is completed (5 years for a class 4, 5 or 6 felony such as most aggravated DUIs). Sealed or set-aside DUI convictions can still be used to increase the penalty for a later DUI, and a set-aside does not undo MVD license actions.

MVD can issue a special ignition interlock restricted driver license (SIIRDL) in some DUI and refusal cases after alcohol or drug screening, which requires a working interlock for the rest of the suspension period; accepting one waives the right to an administrative hearing. It is not available after a second refusal within 84 months. For a qualifying first DUI administrative suspension, MVD suspends driving for 30 days and then restricts it for at least 60 days once the driver proves completion of alcohol or drug screening. For a first no-insurance violation, MVD (not the court) may restrict driving privileges for three months instead of suspending them, after verifying the driver has current insurance.