Arrested for DUI in Arizona: What the Law Says and What to Do

A DUI arrest in Arizona starts two processes at once: a criminal case in court and a license case at the Motor Vehicle Division. Both have deadlines, and both affect whether and how you can drive. This page explains what Arizona’s main DUI statute, A.R.S. 28-1381, actually says, what a first conviction carries and what to do in the first days.

What counts as DUI in Arizona?

Section 28-1381 makes it unlawful to drive or be in actual physical control of a vehicle in any of these situations:

• while under the influence of alcohol, drugs, a vapor-releasing toxic substance or a combination, if you are impaired to the slightest degree;
• with an alcohol concentration of 0.08 or more within two hours of driving;
• with certain drugs or their metabolites in your body, with a defense for drugs used as prescribed by a licensed practitioner;
• with an alcohol concentration of 0.04 or more in a commercial vehicle, or while driving for hire or for a ride-share company.

“Actual physical control” means you can be charged without driving, for example while in the driver’s seat of a running car. Higher alcohol concentrations are covered by the extreme DUI statute in Extreme DUI in Arizona: 0.15 and 0.20 Explained.

How the test result is used

The statute sets presumptions for a test within two hours of driving. At 0.05 or less, it may be presumed that you were not under the influence of alcohol. Between 0.05 and 0.08, there is no presumption either way, but the result can be considered with other evidence. At 0.08 or more, it may be presumed that you were under the influence. These presumptions do not limit other evidence, such as driving behavior or field tests.

What does a first DUI carry?

A standard DUI is a class 1 misdemeanor. For a first conviction, the statute requires:

Consequence	What the law says
Jail	At least 10 consecutive days; the judge may suspend all but one day if you complete court-ordered alcohol or drug screening, education or treatment
Fine	At least $250
Assessments	Two additional assessments of $500 each
Ignition interlock	Required by MVD if the case involved alcohol
Traffic survival school	Required by MVD
Community restitution	May be ordered

Court costs and surcharges can add to these amounts. A second DUI within 84 months carries at least 90 days of jail, of which 30 must be consecutive, higher fines and assessments, and a one-year revocation of your driving privilege.

The license case at MVD

When a test shows 0.08 or more, or certain drugs, the arresting officer may serve you with an order of suspension that takes effect 30 days after it is served, and you surrender your Arizona license. The suspension is at least 90 days, and you must request a hearing or summary review within the deadline or the suspension becomes final. The details, and the shorter option for many first-time drivers, are in Your Driver License After a DUI Arrest in Arizona.

Do I get a jury trial?

Yes. Section 28-1381 requires the court to tell you at the arraignment that you may request a jury trial, and that the request will be granted if made. Whether to use that right is a strategic decision to make with your lawyer.

Time limits for the prosecution

For most misdemeanors the state has a limited time to file charges. For a DUI involving a collision that caused serious physical injury or death, the statute allows the prosecution to begin within two years after the offense is discovered.

Prior convictions and prescriptions

Two details in the statute often surprise people. First, the state must allege any prior convictions for DUI, extreme DUI or aggravated DUI from the past 36 months when it files the charge, because they affect how the case is classified and sentenced; the separate 84-month window decides whether a second-offense sentence applies. Second, being legally entitled to use a drug is not a defense to the “impaired to the slightest degree” charge. The prescription defense in the statute applies only to the separate charge based on a drug or metabolite being in your body, and only if the drug was used as prescribed by a licensed practitioner.

If either point could apply to you, tell your lawyer at the first meeting and bring any prescription records.

What to do now

• Do not miss the MVD deadline while waiting for the court date.
• Keep your release paperwork and follow every condition.
• Avoid driving if your license has been taken and no temporary permit was issued.
• Choose a lawyer who handles both the court case and the MVD hearing; see Questions to Ask at Your First Consultation With a Defense Lawyer.