Arizona DUI Laws: FAQ

Am I required to take a field sobriety test in Arizona?

No. These tests normally include the walk and turn, finger to nose, and the one leg stand. There is no requirement to submit to any field sobriety test. Unfortunately the officers are not required to advise you of these rights. This does not apply to a breath or blood test.

Am I required to take a breath, blood or urine test when arrested for DUI in Arizona?

Yes. If the officer has a reasonable basis to suspect drugs or alcohol in your body, the officer has the legal right to require you to submit to a test or tests of the officer's choice. This is called "implied consent." If you refuse the test, you may be subjected to a blood draw based on a search warrant AND your license will be suspended for one year (called the admin per se suspension). 

What are the Penalties for a DUI conviction in Arizona?

First time DUI convictions carry the following penalties:

  • A minimum of 10 days in jail,
  • Fines (at least $250) as well as other court fees,
  • Ignition Interlock Device: Minimum 6 Months,
  • Mandatory DUI education class, and
  • Possibly community service.

A second DUI conviction, within seven years of the first, may carry a harsher penalty including:

  • At least 90 days in jail (30 of which must be served consecutively),
  • Fines (at least $500) as well as other court fees,
  • Mandatory 1 year suspended license,
  • Mandatory DUI education class,
  • Minimum 30 hours of community service, and
  • Ignition Interlock Device: Minimum 1 Year.

What are the penalties for Extreme DUI in Arizona? 

Extreme DUI convictions carry the following penalties:

  • A minimum of 30 days in jail,
  • Fines (at least $250) as well as other fees,
  • Mandatory DUI education class, and
  • Possibly community service.

If an Extreme DUI is your second DUI conviction, within 7 years of the first, the penalties include:

  • A minimum of 120 days in jail with the possibility of 60 days suspended,
  • Fines (at least $500) as well as other fees,
  • Mandatory DUI education class,
  • Minimum 30 hours of community service, and
  • Possibly a court ordered ignition interlock device.

What are the penalties for Aggravated DUI in Arizona?

If you are convicted of a class 4 felony as noted above, you will face:

  • A possible prison sentence (Normally, you will receive a grant of probation. However, if granted probation, the Court is required to incarcerate you in the State Prison for 4 months as a condition of probation),
  • Maximum $150,000 Fine,
  • You will have your license revoked for at least 3 years,
  • Possible Vehicle Forfeiture, and
  • Additional penalties within the court's discretion.

If you are convicted of a class 6 felony you will also face:

  • The three­ year revocation of your driver's license,
  • The same fine as above, and
  • The possibility of incarceration ranging from 4 months to 2 years.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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