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), $1,480+ in fines and surcharges, 90-day-to-1-year license suspension, ignition interlock for 12 months. 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 (21 can be suspended), $2,780+ in fines, 12-month interlock, 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 (31 can be suspended on first offense), $3,240+ in fines, 18-month interlock, and the court will order inpatient or intensive outpatient treatment in most cases.
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. Class 4 or Class 6 felony depending on the facts. Prison exposure is real — 4 months to 3.75 years — and 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.