Arizona is known to have some of the strictest DUI laws in the country. Driving under the influence in Arizona refers to consuming alcohol before or while driving and developing a blood alcohol content over the legal limit of .08%. It can also refer to consuming drugs to an extent that inhibits the individual’s ability to safely handle the vehicle.
If you are caught driving while under the influence, you face serious penalties, even if it is your first offense. If you are convicted of first-offense DUI, you may be required to serve 10 days in jail and pay a fine of $1,250.
Some locales differentiate DUI laws by city in Arizona, and penalties, enforcement, and requirements may vary. Your location can impact your case because local courts, different police departments, and even different prosecutors may employ varying tactics. From Phoenix to Peoria, each city has its own approach to DUI enforcement.
Arizona DUI Law: The Basics
Due to the strictness of Arizona’s DUI laws and the severity of the penalties, it is essential to understand the general laws surrounding this type of offense.
Arizona’s Blood Alcohol Concentration Limits
Driving under the influence involves exceeding the legal blood alcohol concentration (BAC). Standard DUIs result from meeting or exceeding 0.08% BAC for adults over 21. For commercial drivers, a BAC level of 0.04% and above is considered driving under the influence. Zero-tolerance laws are in effect for drivers under the age of 21, as any BAC over 0.00% will result in zero-tolerance DUI charges.
Classes of DUIs
Law enforcement is authorized to make a traffic stop when they witness reckless driving or traffic violations. If an officer believes you to be driving while under the influence of drugs or alcohol, you will be asked to take a blood or breath test. Under Arizona’s DUI laws, there are four classes of DUIs that are partially organized by BAC.
- Standard DUI – Standard DUIs involve an individual who has a blood alcohol concentration of at least 0.08%. Standard or regular DUIs are the least severe classification, yet penalties for a conviction can be harsh.
- Extreme DUI – Extreme DUIs are assessed when an individual is driving with a blood alcohol concentration of at least 0.15% but less than 0.20%. Penalties are more severe than for standard DUIs.
- Super Extreme DUI – A BAC of over 0.20% results in a super extreme DUI classification. As you may expect, penalties are harsher than for either of the previous categories.
- Aggravated DUI – The most serious class of DUI is an aggravated DUI, which results in a felony charge. One or more aggravating factors must be present at the time of the DUI to justify escalation to an aggravated DUI; these are outlined in ARS 28-1383, and include:
- The intoxicated driver has a suspended, canceled, or revoked license
- The driver has committed three DUIs within the last 84 months
- The driver has committed a DUI while driving with a passenger under 15 years old in the vehicle
- The driver was required to have an ignition interlock device and refused to take a test to determine their BAC
General DUI Penalties
A first-offense standard DUI can result in:
- 10 days or more in jail
- Fines of at least $1,250
- Required alcohol screenings, education, or treatment
- Community service
- Driver’s license suspension
- Installation of an ignition interlock device
An extreme DUI can result in penalties such as:
- 30 days in jail
- Fines of at least $2,500
- License suspension
- Mandatory alcohol treatment, education, or screenings
- Installation of an ignition interlock device
- Community service
If you are charged with a super extreme DUI, you may be subject to increasingly heavy penalties, including:
- 45 days in jail
- $3,250 in fines
- 90-day driver’s license suspension
- Ignition interlock device installation
- Community service
- Alcohol screenings and treatment
Aggravated DUIs have the harshest penalties associated with a DUI charge:
- Two years in prison
- One year’s license suspension
- Felony fines of up to $150,000
- Installation of an ignition interlock device
- Mandatory alcohol education and treatment
- Community service
If you are facing a DUI charge in Arizona, you likely have a number of pressing questions. The Valley Law Group’s Arizona DUI Resource Page can help answer your questions and guide you through your upcoming legal proceedings.
Phoenix DUI Arrests: What You Need to Know
The city of Phoenix is known for its high volume of DUI arrests. These arrests often occur in the downtown area, but they are also frequent on the surrounding freeways because of the heavy amounts of traffic in these particular locations.
Phoenix’s Municipal Court
The Phoenix Municipal Court is the largest in the state and is one of the top 10 busiest municipal courts in the United States. This court handles everything from traffic violations to misdemeanors. Each year, about 160,000 charges are processed through the Phoenix Municipal Court.
Notably, the municipal court handles DUIs that have occurred within the city limits. This covers several different kinds of DUI cases, such as first offenses, extreme DUIs, super extreme DUIs, driving under the influence underage, DUIs that include drug use, and commercial driver DUIs.
DUI Checkpoints in Phoenix
Checkpoint areas are typically not made public ahead of time, but are usually located in highly congested areas, such as the downtown area of Phoenix or on the freeways. They are also more common during the holidays, such as New Year’s Eve or St. Patrick’s Day, when people are more likely to drink and drive.
If you are stopped at a checkpoint, you will be asked to lower your window so that the policemen can smell your breath to determine if you have been drinking. You may also be required to take a blood test or a breath test. If you are arrested for a DUI at a checkpoint, it is important that you speak with a Phoenix DUI lawyer to handle your case and advocate for your rights.
Consult with a Phoenix DUI Attorney
If you are facing a DUI charge in Phoenix, you will need a Phoenix attorney to help you build a strong defense for your case.
Prosecutors in Phoenix, Arizona, are notorious for seeking hefty penalties as they adhere to strict DUI laws. A skilled DUI defense attorney can create a custom DUI defense that may weaken the prosecutor’s case against you and persuade them to negotiate a plea deal.
Scottsdale DUI Charges: Luxury Lifestyle, Serious Consequences
Scottsdale, Arizona, is the place to go for those who enjoy a night out on the town. Old Town Scottsdale, in particular, is saturated with visitors due to its abundance of bars, restaurants, and clubs. However, it is also very strict in its DUI enforcement within these districts. This is especially the case during the busiest times of the year for visiting tourists, as well as local events such as the Scottsdale Arabian Horse Show.
Scottsdale’s Strict Law Enforcement
Officers in Scottsdale are thoroughly trained to look for drivers who appear to be intoxicated. Because this police department is well-funded, they are able to administer frequent BAC tests to anyone who appears to be driving while impaired. They also have body cam capabilities to use as evidence against the defendant. Law enforcement in this area also actively patrols the area after restaurants and bars have closed.
Scottsdale’s DUI Penalties
Scottsdale City Court handles numerous DUI cases and tends to expedite them, resulting in defendants being processed through the system much faster compared to other Arizona cities. In addition, Scottsdale DUI penalties can be severe. Even those who have committed their first offense can face serious consequences.
The judges within this court system have a reputation for being especially harsh on those who have committed a DUI. This is why it is important to speak with a Scottsdale attorney who understands the local laws so that they can assist you in your case.
Gilbert DUI: Suburban, But Still Zero-Tolerance
A DUI arrest in Gilbert, AZ, is likely to occur within one of the many local school zones and neighborhoods where families and children walk and play. In order to protect them, any alcohol-related driving offense results in harsh penalties, as local Gilbert police strictly enforce DUI laws.
First Versus Second Offenses
For a first-time DUI offense, the consequences include up to 10 days in prison and a fine of at least $1,250. A screening for alcohol or undergoing treatment may also be necessary. It is also likely that you will need to have an ignition interlock installed in your car.
A second DUI may result in up to 90 days in prison, as well as a fine of up to $3,000. Your license will also be suspended for one year, and you will be required to undergo alcohol screenings, education, or treatment. Installation of an ignition interlock device may also be required. Consult with a Gilbert attorney who can defend your case and fight for your rights.
Peoria DUI: Repeat Offenses and Felony Risks
If you have committed a DUI while driving with a suspended, canceled, or revoked license, your DUI may be elevated to a felony. Driving while under the influence of alcohol with a child in the car will also result in this kind of charge. If you are facing a felony due to a DUI that took place in Peoria, you will need a Peoria DUI defense lawyer to handle your case.
Maricopa County: Enforcing DUI Laws in Peoria
Many who have been charged with a DUI in Peoria must appear in the Peoria City Court. Other cases may also involve the Maricopa County Sheriff’s Office. The Maricopa County Sheriff’s Office and the Peoria Police Department work together to ensure the enforcement of DUI laws in the area. Both departments also patrol the area for any drivers who appear to be intoxicated.
The Maricopa County Sheriff’s Office also works alongside other government entities, including the Arizona Governor’s Office of Highway Safety, as well as other police departments in the surrounding areas. Together, these offices form a large team that carries out DUI law enforcement.
Consult with a Peoria Defense Attorney
Felony DUI cases are typically heard at the Maricopa County Superior Court, which has jurisdiction over such charges.
Due to the severity of the penalties associated with felony DUI charges, it is essential to consult with a local criminal defense attorney. A skilled attorney with knowledge regarding Peoria DUI defense can build a strong defense and represent you in court.
Why Your City Matters When Fighting a DUI Charge
Understanding how to fight an Arizona DUI by location requires the help of local attorneys. Skilled local attorneys understand the local court system and how it works. They have developed years of experience negotiating with local prosecutors, and they know the local judges and how they typically rule in DUI cases.
The Impact of Location on DUI Charges
If you have been arrested outside of the city limits, your case may be handled by a Justice Court in that county. More severe charges, such as felony charges, will likely be heard in a Superior Court. This court may also handle cases where serious death or injuries have resulted from the DUI.
The jurisdiction where you were charged with a DUI can also impact how your case moves forward. Every city has its own prosecution agency with its own policies for plea deals as well as its own unique prosecution strategies. The extent to which a prosecutor may deviate from policies set forth by the city or county depends on the jurisdiction.
It is essential to note that, although standard prison sentences, fines, and other consequences are associated with a DUI charge in Arizona, additional penalties may apply, including local court fees, depending on the location of the incident. Certain courts may also offer alternatives, such as home detention programs in lieu of jail time.
Consult with an Arizona DUI Lawyer
Have you been charged with a DUI in Phoenix, Scottsdale, Gilbert, or Peoria? We know how your city handles DUI cases, and we know how to defend you.
The Valley Law Group has offices across the Valley to help you fight your DUI charge with a home-court advantage. Having a local DUI attorney on your side can make all the difference in your case. Legal representation can give you a better chance of minimizing your fines and jail time or even securing a dismissal of your case.
Contact The Valley Law Group to schedule your free DUI consultation today.
Sources:
- Arizona Revised Statutes § 28-1381. (n.d.). Driving or actual physical control while under the influence; violation; classification; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/01381.htm
- Arizona Revised Statutes § 28-1383. (n.d.). Aggravated driving or actual physical control while under the influence; violation; classification; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/01383.htm
- Arizona Revised Statutes § 28-1382. (n.d.). Extreme DUI; violations; classification; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/01382.htm
- Arizona Department of Transportation. (n.d.). Driving Under the Influence (DUI). Retrieved March 31, 2025, from https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui
- City of Phoenix. (n.d.). Phoenix Municipal Court. Retrieved March 31, 2025, from https://www.phoenix.gov/administration/departments/court.html
Jon McCarty has broad experience in a wide variety of criminal defense and family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. After running a successful practice of his own for many years, Jon relocated to Maricopa County where he has continued to strive for excellence through aggressive yet compassionate representation of each client. Jon has been named to the list of Super Lawyers in the area of family law multiple times, and has been recognized for his outstanding commitment to Equal Access to Justice through providing pro bono representation to numerous clients.