Arizona Misdemeanor DUI Minimum Criminal Punishment* (For Offenses on or after September 26th, 2008)

Regular 1st offense, A.R.S. § 28-1381

A1. Impaired to slightest degree by alcohol, vapor, a legal drug, or an illegal drug***, or
A2. Alcohol level of .80 or more within 2 hours of driving, or
A3. Any illegal drug in your body even if not impaired.***

  • Jail Days: 10-(9 suspended*),1 Minimum
  • $1,460 Fines, Surcharges, assessments****
  • Jail Costs Aprox. $70 per days, varies.
  • Time Fee (if allowed to make payments): $20
  • Interlock after MVD suspension: Min 6-12 months.
  • Community Restitution/Service: At Judge’s Discretion.
  • Continuous Alcohol Monitoring: At Judge’s Discretion.

Extreme 1st Offense, A.R.S. § 28-1382

Alcohol level of .150-.199 within 2 hours of driving. ***

  • Jail Days: 30 consecutive (May suspend up to 21 days with proof of interlock device installed and presented to the Court upon judge’s discretion.)
  • Fines, Surcharges, assessments****: $2,710
  • Jail Costs Aprox. $70 per days, varies: $2,100
  • Time Fee (if allowed to make payments): $20
  • Interlock after MVD suspension: 12 months
  • Community Restitution/Service: At Judge’s Discretion.
  • Continuous Alcohol Monitoring: 30 days or more if ordered.

Super Extreme 1st Offense, A.R.S. § 28-1382

Alcohol level of .20 or more within 2 hours of driving. ***

  • Jail Days: 45 days consecutive**
  • Fines, Surcharges, assessments****: $3,170.
  • Jail Costs Aprox. $70 per days, varies: $3,150.
  • Time Fee (if allowed to make payments) $20
  • Interlock after MVD suspension: 12 months
  • Community Restitution/Service: At Judge’s Discretion.
  • Continuous Alcohol Monitoring: 30 days or more if ordered.

Regular 2nd Offense, A.R.S. § 28-1381

Committed same way as regular first offense, with a regular or extreme DUI in prior 7 years. ***

  • Jail Days: 90 days-(60 days suspended)*30 days consecutive **
  • Fines, Surcharges, assessments****:$3,420
  • Jail Costs Aprox. $70 per days, varies: $2,100
  • Time Fee (if allowed to make payments):$20
  • Interlock after MVD suspension:12 months
  • Community Restitution/Service: Judge must order at least 30 hours.
  • Continuous Alcohol Monitoring: At Judge’s Discretion.

Extreme 2nd Offense, A.R.S. § 28-1382

Alcohol level of .150-.199 or more within 2 hours of driving, with a regular or extreme DUI in prior 7 years. ***

  • Jail Days: 120**0 suspended (60 must be consecutive).
  • Fines, Surcharges, assessments****: $3,670.
  • Jail Costs Aprox. $70 per days, varies: $8,400
  • Time Fee (if allowed to make payments): $20.
  • Interlock after MVD suspension:12 months.
  • Community Restitution/Service: Judge must order at least 30 hours.
  • Continuous Alcohol Monitoring: 90 days or more if ordered.

Super Extreme 2nd Offense, A.R.S. § 28-1382

Alcohol level of .20 or more within 2 hours of driving, with a regular or extreme DUI in prior 7 years.***

  • Jail Days: 180**0 suspended: 90 must be consecutive.
  • Fines, Surcharges, assessments****: $4,590
  • Jail Costs Aprox. $70 per days, varies: $12,600
  • Time Fee (if allowed to make payments): $20
  • Interlock after MVD suspension: 24 months
  • Community Restitution/Service: Judge must order at least 30 hours.
  • Continuous Alcohol Monitoring: 90 days or more if ordered.

Maximum Misdemeanor Criminal Punishment 6 Months/180 days Jail, Fine $5,000 plus surcharges.

*Days in jail are suspended on the condition you attend mandatory alcohol/drug screening (evaluation) and 16-36 hours of classes, normally at your expense.

** The judge may order you eligible for work release 12 hours per day, 5 days per week after you serve 48 consecutive hours in jail.

*** Your license will be revoked for 1 year, with no driving for any reason if: (1) You are convicted of A1 and the court abstract sent to MVD has the drug box marked “yes” for illegal drugs, or (2) You are convicted of A3 (driving with any illegal drug in your body), or (3) You are convicted of 2 offenses of DUI, reckless driving, racing on the highway or any combination of 2 of these offenses with offense dates within 7 years. Your license will be revoked for 3 years, with no driving for any reason if you are convicted of 3 DUIs with offense dates within 7 years.

**** Some of these may be waived depending on financial ability. Some courts have additional local fees. Jail costs vary from court to court.