Arizona DUI penalties by offense tier
Which tier your case falls into matters far more than anything about how the stop went. It turns on prior convictions, on how far back Arizona counts them, and on whether anyone was hurt.
Last reviewed September 15, 2026
Penalty tiers at a glance
| Tier | Class | Jail | Fine | Interlock | Lookback |
|---|---|---|---|---|---|
| DUI (base offense) A.R.S. § 28-1381 | Class 1 misdemeanor | At least 10 consecutive days, or 1 day if the court suspends the rest on completion of screening, education or treatment | From $250 | Required | |
| DUI, second within 84 months A.R.S. § 28-1381(K) | Class 1 misdemeanor | At least 90 days, or 30 days if the person equips an ignition interlock for 12 months | From $500 | Required, 12 months | 7 years |
| Extreme DUI, BAC 0.15-0.19 A.R.S. § 28-1382(A)(1) | Class 1 misdemeanor | At least 30 consecutive days, or 9 days if the person equips an ignition interlock for 12 months | From $250 | Required, 12 months | |
| Extreme DUI, BAC 0.20 or more A.R.S. § 28-1382(A)(2) | Class 1 misdemeanor | At least 45 consecutive days, or 14 days if the person equips an ignition interlock for 12 months | From $500 | Required, 12 months | |
| Extreme DUI, second within 84 months A.R.S. § 28-1382(E) | Class 1 misdemeanor | At least 120 days | From $500 | Required, 12 months | 7 years |
Jail and fine figures are the range the statute allows, not what a first appearance usually produces. Fines exclude court costs, assessments, interlock lease costs and reinstatement fees.
Each tier in detail
DUI (base offense)
A.R.S. § 28-1381- Class
- Class 1 misdemeanor
- Jail
- At least 10 consecutive days, or 1 day if the court suspends the rest on completion of screening, education or treatment
- Fine
- From $250
Statutory minimum is 10 consecutive days in jail, not eligible for probation unless the full sentence is served (subsection I(1)). The judge may suspend all but one day of that if you complete a court-ordered screening, education or treatment program, or evidence-based psychotherapy, which HB2573 added to the list on 12 September 2026 (subsection J). Fine minimum $250 PLUS two mandatory $500 assessments (prison construction fund and public safety equipment fund)
DUI, second within 84 months
A.R.S. § 28-1381(K)- Class
- Class 1 misdemeanor
- Jail
- At least 90 days, or 30 days if the person equips an ignition interlock for 12 months
- Fine
- From $500
- Lookback
- 7 years
84-MONTH LOOKBACK (7 years), not 5. Minimum 90 days in jail, 30 of which must be served consecutively (subsection K(1)); suspendable to 30 days served if the person equips an interlock for 12 months per subsection L. Fine minimum $500 plus $2,500 in mandatory assessments. One-year driving-privilege revocation, interlock required on reinstatement (subsection K(4)). "Second within 84 months" counts a prior conviction under this section OR § 28-1382 OR § 28-1383 OR an equivalent out-of-state conviction. The count is cross-statute, not limited to repeat base-DUI convictions.
Extreme DUI, BAC 0.15-0.19
A.R.S. § 28-1382(A)(1)- Class
- Class 1 misdemeanor
- Jail
- At least 30 consecutive days, or 9 days if the person equips an ignition interlock for 12 months
- Fine
- From $250
Statutory minimum 30 consecutive days in jail; suspendable to 9 days served if the person equips an interlock for 12 months (subsection I). Fine minimum $250 plus $1,250 in mandatory assessments. This is a SEPARATE STATUTE from base DUI, not an enhancement of it
Extreme DUI, BAC 0.20 or more
A.R.S. § 28-1382(A)(2)- Class
- Class 1 misdemeanor
- Jail
- At least 45 consecutive days, or 14 days if the person equips an ignition interlock for 12 months
- Fine
- From $500
Statutory minimum 45 consecutive days in jail (15 more than the 0.15-0.19 bracket); suspendable to 14 days served if the person equips an interlock for 12 months (subsection I). Fine minimum $500 plus $1,250 in mandatory assessments. The jump from 0.19 to 0.20 is a hard bracket line, not a gradient. Crossing it by 0.01 adds 15 mandatory jail days. This is a strong, underexplained content point.
Extreme DUI, second within 84 months
A.R.S. § 28-1382(E)- Class
- Class 1 misdemeanor
- Jail
- At least 120 days
- Fine
- From $500
- Lookback
- 7 years
84-month lookback. Minimum 120 days in jail (60 consecutive) for the 0.15-0.19 bracket; minimum 180 days (90 consecutive) for the 0.20+ bracket
Where this leaves you
A tier is not a sentence. Which one applies, and what actually happens inside its range, is what a defense lawyer argues about.