Welcome to our Arizona DUI & Vehicular Crimes Resource page. In this section, you will find a comprehensive set of tools and guides to help you better understand the DUI process in Arizona. Our legal checklists, FAQs, and downloadable resources are designed to assist individuals facing DUI or other vehicular-related criminal charges in navigating the legal system with clarity and confidence.
Whether this is your first offense or you’re facing more serious charges such as aggravated DUI or reckless driving, these resources can help you make informed decisions, understand your rights, and prepare for what’s next. Arizona has some of the toughest DUI laws in the country, and acting quickly can significantly affect your outcome.
We’re here to help you take control of your defense. Explore our DUI resources or reach out to speak with one of our experienced criminal defense attorneys today.
Being arrested for DUI can feel overwhelming, but what you do in the first 24 to 48 hours can significantly impact the outcome of your case. Arizona’s DUI laws are strict, and acting quickly can help protect your license, your rights, and your future.
Below are 10 critical steps to take immediately after a DUI arrest:
- Stay calm and cooperative, but do not volunteer information beyond basic ID.
- Do not admit guilt or discuss your case with anyone except your attorney.
- Write down everything you remember about the stop, arrest, and testing - while it's still fresh.
- Preserve any physical evidence, such as dashcam footage, receipts, or texts.
- Make note of potential witnesses who may support your version of events.
- Request a Motor Vehicle Division (MVD) hearing within 15 days to challenge your license suspension.
- Understand Your Charges and Penalties - whether you're facing a standard, extreme, or aggravated DUI , each carries different legal consequences.
- Save all documents given to you by law enforcement, including your ticket, test results, and court notice.
- Avoid posting about your arrest on social media or discussing it online.
- Contact a criminal defense attorney as soon as possible to begin building your defense.
Taking these steps can help protect your rights and preserve critical information your lawyer will need.
The earlier you act, the more options you may have to reduce or even dismiss the charges against you.
Understanding DUI Charges in Arizona
Arizona classifies DUI offenses into several categories based on your blood alcohol concentration (BAC), prior convictions, and other circumstances surrounding your arrest.
Understanding the difference between these charges is crucial, as each carries unique penalties and long-term consequences.
Misdemeanor vs. Felony DUI in Arizona
- Misdemeanor DUI: Typically includes standard, extreme, and super extreme DUIs without aggravating factors. Most first and second offenses fall under this category.
- Felony DUI: Reserved for aggravated circumstances. These carry much steeper penalties, including mandatory prison sentences and permanent criminal records.
Types of DUI in Arizona
Standard DUI
A standard DUI occurs when your BAC is 0.08% or higher (or 0.04% for commercial drivers). Even a first offense can result in jail time, fines, license suspension, and mandatory alcohol screening.
Extreme DUI
This charge applies when your BAC is 0.15% or higher. Extreme DUI convictions come with harsher mandatory jail sentences, higher fines, and longer ignition interlock requirements.
Super Extreme DUI
If your BAC is 0.20% or higher, the penalties become significantly more severe. Jail time and financial consequences increase substantially.
Aggravated DUI (Felony DUI)
A DUI becomes a felony if:
- It’s your third DUI within seven years
- You were driving on a suspended license
- A minor was in the vehicle at the time of arrest
- It involved serious injury or death
DUI Penalties at a Glance
Here is a general overview of DUI penalties in Arizona.
Actual sentencing may vary based on the details of your case.
| DUI Type | Jail Time | Fines & Fees | License Suspension | Ignition Interlock |
|---|---|---|---|---|
| Standard DUI (1st) | 10 days (1 day min) | ~$1,500+ | 90 days | 12 months |
| Extreme DUI (1st) | 30 days (min) | ~$2,500+ | 90 days | 12 months |
| Super Extreme DUI | 45 days (min) | ~$3,000+ | 90 days | 18 months |
| Aggravated DUI (Felony) | 4 months – several years | Varies (can be $4,000+) | 1+ years revocation | 24+ months |
DUI Type
Standard DUI (1st)- Jail Time: 10 days (1 day min)
- Fines & Fees: ~$1,500+
- License Suspension: 90 days
- Ignition Interlock: 12 months
- Jail Time: 30 days (min)
- Fines & Fees: ~$2,500+
- License Suspension: 90 days
- Ignition Interlock: 12 months
- Jail Time: 45 days (min)
- Fines & Fees: ~$3,000+
- License Suspension: 90 days
- Ignition Interlock: 18 months
- Jail Time: 4 months – several years
- Fines & Fees: Varies (can be $4,000+)
- License Suspension: 1+ years revocation
- Ignition Interlock: 24+ months
Note: These are general estimates. An experienced DUI defense attorney can help you understand the specific penalties tied to your case and whether you may qualify for reduced sentencing or diversion programs.
Penalties for DUI in Arizona
Arizona is known for having some of the harshest DUI penalties in the country. Whether you’re facing your first offense or a repeat charge, it’s important to understand the full scope of consequences that may follow a conviction. Penalties are not only legal but also financial and personal, many of which can impact your life for years to come.
License Suspension or Revocation
After a DUI arrest, your driver’s license may be suspended through two separate processes:
- Administrative suspension by the Arizona MVD (15-day deadline to request a hearing)
- Criminal court suspension if you're convicted
A first-time DUI can result in a 90-day suspension, while felony or aggravated DUI convictions can lead to a 1-year revocation or longer. Drivers may be eligible for restricted licenses depending on the case.
Fines, Jail Time, and Ignition Interlock
- Fines and fees range from $1,250 to over $4,000 depending on offense level.
- Jail time starts at 1 day for a first offense but can escalate to mandatory 30, 45, or 180 days depending on your BAC and whether it’s a repeat charge.
- Ignition interlock devices are required after almost all DUI convictions, often for 12 to 24 months or longer, at your own expense.
Insurance and Long-Term Costs
DUI convictions trigger mandatory SR-22 insurance in Arizona, which marks you as a high-risk driver. This results in significantly higher premiums that can last for three to five years.
Additionally, a DUI on your record may impact:
- Your ability to obtain certain jobs
- Professional licensing
- Immigration or travel opportunities
Penalties for Repeat Offenses
Each subsequent DUI offense in Arizona results in:
- Longer mandatory jail or prison sentences
- Higher fines and surcharges
- Extended interlock requirements
- Permanent felony record for third offense or aggravated DUI
These escalating penalties make it critical to work with an experienced DUI defense attorney who can help reduce charges, challenge the evidence, and explore alternatives like treatment-based diversion or suspended sentencing.
DUI Court Process & Building a Strong Defense
After a DUI arrest in Arizona, the legal process begins almost immediately. Understanding what happens at each stage — and how an experienced DUI attorney can intervene — is essential to protecting your rights and improving your outcome.
What Happens After a DUI Arrest
Once you are arrested, you will typically go through several legal stages:
- Arraignment: Your first court appearance, where charges are formally presented and you enter a plea (usually “not guilty” if you're seeking representation).
- Pre-trial conference: A chance for your attorney to negotiate with the prosecution, review evidence, and file motions to suppress or dismiss evidence.
- Trial: If no agreement is reached, your case proceeds to trial. A judge (and sometimes a jury) will decide guilt based on the evidence presented.
Many cases never make it to trial. The pre-trial phase is where strong legal strategy can make the biggest impact.
How a DUI Attorney Can Challenge the Case
A skilled DUI attorney can examine the circumstances of your arrest and challenge the validity of:
- Field sobriety tests
- Breathalyzer calibration and maintenance records
- Police procedures and constitutional violations
- Chain of custody for blood or urine samples
Your attorney may also negotiate for reduced charges or sentencing alternatives based on mitigating factors, lack of prior history, or flaws in the case.
Possible Outcomes in a DUI Case
Every DUI case is different, but potential outcomes include:
- Case dismissal due to lack of evidence or procedural errors
- Plea deal to reduce charges or penalties
- Diversion program for first-time offenders in limited circumstances
- Trial verdict- guilty or not guilty, with sentencing if convicted
An experienced lawyer will evaluate all available strategies and advise whether it’s in your best interest to fight the charges in court or negotiate a favorable resolution.
When to Consider Fighting vs. Negotiating
- If your rights were violated or the evidence is weak, fighting the charges may lead to a dismissal or acquittal.
- If the evidence is strong but you’re a first-time offender, a plea or sentencing alternative may offer the best outcome.
- Repeat offenders or those facing felony DUI may need to focus on minimizing long-term damage through negotiation.
The right defense approach depends on the unique facts of your case. That’s why speaking with an attorney early can make all the difference.
MVD Process & License Suspension in Arizona
After a DUI arrest, you don’t just face criminal penalties — you also face administrative consequences from the Arizona Motor Vehicle Division (MVD). Many drivers are surprised to learn that their license can be suspended even before a court conviction.
Understanding the MVD process is essential to protecting your driving privileges.
Administrative vs. Criminal Suspension
There are two ways your driver’s license can be suspended in a DUI case:
- Administrative (Admin Per Se) Suspension -If you are arrested for DUI and either refuse chemical testing or test above the legal BAC limit, the officer will issue an Admin Per Se Affidavit. This automatically triggers a 90-day suspension, effective 15 days from the date of arrest unless you request a hearing.
- Criminal Court Suspension - If you are convicted of DUI in court, you will face an additional criminal suspension or revocation, based on the severity of the offense.
These suspensions can overlap but are separate processes. Failing to act quickly can result in unnecessary license loss.
How to Reinstate Your License
Reinstating your license after suspension involves several steps:
- Serve the full suspension period (unless reduced to a restricted license)
- Complete alcohol screening, education, or treatment (if required)
- File proof of SR-22 insurance
- Pay a reinstatement fee to the MVD
- Install an ignition interlock device, if applicable
Your attorney can help guide you through this process and, in some cases, request a restricted driving permit that allows limited driving during your suspension period.
15-Day Deadline to Request a Hearing
You have only 15 calendar days from the date of your arrest to request a hearing with the MVD to challenge the administrative suspension.
If you miss this window, your license will automatically be suspended, even if your criminal case is still pending or ultimately dismissed.
Working with an attorney during this window is crucial to ensure your request is filed correctly and to explore defense opportunities during the hearing.
Common DUI FAQs
Technically, yes- but refusing a breath, blood, or urine test after a DUI arrest comes with automatic penalties under Arizona’s Implied Consent Law. If you refuse, your driver’s license will be suspended for 12 months on a first offense and 2 years for any subsequent refusal. This suspension is separate from the criminal case and goes into effect even if charges are later dropped. In most cases, cooperating with chemical testing may offer more strategic legal options later.
In Arizona, a DUI conviction remains on your criminal record permanently. Unlike some states, Arizona does not allow DUIs to be expunged, though certain individuals may qualify for a set-aside or record sealing under recent legal updates. However, for the purpose of repeat offenses, prior DUIs are typically considered for seven years when determining penalties for a new charge.
Penalties vary based on the type and amount of the substance, your criminal history, and whether there was intent to sell or distribute. Consequences may include fines, jail time, probation, and a criminal record, but alternatives like diversion programs may be available for eligible individuals.
In many cases, yes. Arizona allows for record sealing under certain circumstances. Depending on your case, you may also be eligible to apply for a set-aside or the restoration of your civil rights. Our expungement resources can help you determine if you qualify.
Legal language can be confusing, but we’re here to help. The Valley Law Group created a glossary to make legal terms easier to understand. Whether you’re dealing with an Arizona case or just want to be more informed, this guide will help you feel more confident and prepared.
Downloadable DUI Defense Tools
To support you during this challenging time, we’ve created a series of practical resources that you can download and use right away.
These tools are designed to help you stay organized, understand your rights, and prepare for every step of the DUI process in Arizona.
DUI Arrest Checklist
A step-by-step guide outlining exactly what to do in the hours and days following a DUI arrest. Includes tips for preserving evidence, requesting a hearing, and protecting your license.
DUI Sentencing Chart (By Offense Level)
A visual breakdown of DUI penalties in Arizona, including jail time, fines, license suspension, and ignition interlock requirements for first-time, extreme, super extreme, and aggravated DUIs.
MVD Hearing Guide
Learn how to request and prepare for your MVD hearing within the 15-day deadline. This guide explains what to expect and how to challenge your administrative suspension.
“Do I Need a DUI Lawyer?” Quiz
Not sure whether to hire an attorney?
Facing a DUI charge can be overwhelming, and it’s not always clear when you need legal help.
Take our short quiz to evaluate your case and discover how professional legal support can impact the outcome.
Don’t Wait to Protect Your Rights
If you’ve been arrested for DUI, the clock is already ticking. From MVD deadlines to court dates, early action is critical to protecting your license, your freedom, and your future.
The Valley Law Group offers free consultations and is available 24/7 to start building your defense.
Our experienced DUI attorneys serve clients across Phoenix, Gilbert, Scottsdale, and Peoria.
Call (480) 300-6012 for a Free Consultation
DUI Defense Articles from Our Blog
A DUI arrest can be a confusing and stressful experience, but our DUI blog category is here to help you make sense of the process and protect your rights. Our articles cover key topics such as Arizona DUI laws, field sobriety tests, license suspension, potential penalties, ignition interlock requirements, and effective defense strategies.
Whether this is your first offense or a repeat charge, our blog offers the critical information and expert insights you need to understand your options and take the right steps toward resolving your case.
Understanding Felony Aggravated DUI Defense in Arizona
An aggravated DUI in Arizona is a felony and can carry serious penalties. Learn about your legal options for fighting an aggravated DUI charge in AZ.
What You Need to Know When Facing a Second DUI Charge in Arizona
Second-offense DUI charges have serious consequences, such as extended amounts of time in jail, fines, educational requirements, license suspensions, and more.
Arizona DUI Laws: Limits, Penalties, and Zero-Tolerance Policies
Arizona has strict DUI laws that can result in harsh, life-changing penalties. Being aware of these laws can help you avoid a charge or conviction.
What Happens When You Get a DUI in AZ?
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