Arizona's Four Tiers (Plus Drug DUI)
Arizona does not have a single "DUI" — it has a ladder of charges that get dramatically more serious as the BAC or circumstances worsen. The prosecutor almost always files multiple counts, covering every tier they think they can prove. Understanding which tier you're actually facing is the first step in building a defense.
Regular DUI — A.R.S. § 28-1381(A)(1) & (A)(2)
Driving while "impaired to the slightest degree" (subsection A1) or with a BAC of 0.08 or higher within two hours of driving (A2). Class 1 misdemeanor. Minimum 10 days in jail (9 can be suspended with screening/classes), a $250 fine plus $500 prison construction and $500 public safety equipment assessments — a statutory minimum of $1,250 before surcharges (A.R.S. § 28-1381(I)(4)–(5)) — a 90-day administrative per se license suspension from MVD (A.R.S. § 28-1385; usually 30 days with no driving, then 60 days restricted), ignition interlock for 12 months (MVD may defer the rest after 6 months if every § 28-3319(H) condition is met), and mandatory Traffic Survival School. First offense.
Extreme DUI — A.R.S. § 28-1382(A)(1)
BAC of 0.15 or higher. Still a Class 1 misdemeanor but mandatory 30 days jail, of which the judge may suspend all but 9 if you fit a certified interlock to every vehicle you drive (A.R.S. § 28-1382(I)), at least $2,500 in fines and assessments before surcharges (A.R.S. § 28-1382(D)), 12-month interlock, mandatory Traffic Survival School, and a mandatory alcohol treatment program through a provider like Alternative Education Solutions.
Super Extreme DUI — A.R.S. § 28-1382(A)(2)
BAC of 0.20 or higher. Mandatory 45 days jail, all but 14 suspendable on that same interlock condition, at least $2,750 in fines and assessments plus surcharges, 18-month interlock, and the court will order inpatient or intensive outpatient treatment in most cases.
The fine totals on this page apply to offenses on or after 26 September 2025, when the victims’ rights enforcement assessment (A.R.S. § 12-116.09) went from $2 to $4. An earlier offense date carries $2 less at every tier — the date on your citation is what decides, not today’s date.
Aggravated DUI — A.R.S. § 28-1383
A felony. You're charged with Aggravated DUI if you: (a) commit a DUI on a suspended, canceled, or revoked license; (b) commit a third DUI within 84 months; (c) have a child under 15 in the vehicle; or (d) drive the wrong way on a highway. It is a Class 4 felony, or a Class 6 felony when the charge is having a child under 15 in the vehicle (A.R.S. § 28-1383(O)(2)). The 4-month prison minimum applies to the suspended-license, third-DUI and wrong-way charges (§ 28-1383(D)); for the child-under-15 charge, the minimum jail term follows the underlying § 28-1381 or § 28-1382 offense. Fines and assessments start at $4,000, the license is revoked and MVD cannot issue a new one for one year (§ 28-1383(J)(1)), and Traffic Survival School is mandatory (§ 28-1383(K)). Every aggravated case must be defended aggressively.
Drug DUI — A.R.S. § 28-1381(A)(1) & (A)(3)
Arizona prosecutes drug DUI on two distinct theories. (A)(1) is the impairment count — the State must prove your driving was impaired "to the slightest degree" by any drug, prescription or otherwise. (A)(3) is the per-se count — driving with a listed drug from A.R.S. § 13-3401 or its impairing metabolite in your body. The (A)(3) charge is no longer the catch-all it was a decade ago.
Marijuana. Two developments narrowed (A)(3) prosecutions. In State ex rel. Montgomery v. Harris, 237 Ariz. 98 (2014), the Arizona Supreme Court held that the inactive metabolite Carboxy-THC — which can linger in the body for weeks after use — is not a "metabolite" under (A)(3); only impairing metabolites qualify. Then Proposition 207 added A.R.S. § 36-2852(B) in 2020, which bars conviction of any adult 21 or older under (A)(3) for marijuana unless the State affirmatively proves impairment. Dobson v. McClennen, 238 Ariz. 389 (2015), still governs AMMA cardholders, who may raise an affirmative non-impairment defense by a preponderance of the evidence — but post-Prop 207 the statute itself does most of that work for recreational users.
Prescription medications. A.R.S. § 28-1381(D) is a complete defense to (A)(3) when the drug is taken as prescribed by a Title 32 licensed practitioner. The State will then typically charge (A)(1) impairment instead — and a valid prescription is not a defense to the impairment count, especially when the medication is combined with alcohol or taken outside the prescribed dose.
Underage DUI — A.R.S. § 4-244(34)
If you're under 21, Arizona is a zero-tolerance state. Any amount of alcohol in your system while driving is a Class 1 misdemeanor with a two-year license suspension.
Boating & Off-Road DUI
Arizona extends DUI statutes to watercraft (OUI) and off-highway vehicles. The science and the SFSTs change, but the exposure is similar.