21 Aug 23


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No two DUIs in Arizona are exactly the same. There are distinct DUI types, each of which carries its own unique penalty. Arizona law details the many different types of DUI misdemeanor charges. Each DUI misdemeanor charge has a mandatory minimum penalty upon conviction. Each mandatory minimum penalty includes jail time. It must be noted there is a common thread between DUI misdemeanor charges in Arizona in that they are all categorized as Class 1 misdemeanors. Let’s take a closer look at each type of DUI and its specific penalties.

Arizona’s DUI to the Slightest Degree

This type of DUI in Arizona states it is illegal to control or operate a motor vehicle while under the influence of any intoxicating liquor, drug or other intoxicating substance. Even impairment to the slightest degree constitutes DUI in Arizona. In other words, if the state of Arizona can prove you had alcohol, drugs or other substance that causes inebriation in your system at the time you were pulled over, you will be impaired to the slightest degree, setting the stage for a DUI conviction. Even if your blood alcohol concentration is less than .08, you can still be found guilty of DUI.

DUI That is Standard, Extreme, and Super-Extreme

If you are found driving a vehicle when your blood alcohol concentration is in excess of .08%, there is no need for prosecutors to prove impairment. Rather, your blood alcohol concentration by itself is enough to create the presumption of impairment. Furthermore, a driver in Arizona with a blood alcohol concentration above .15% has the potential to be charged with Extreme DUI. A driver with a blood alcohol concentration above .20% has the potential to be charged with Arizona’s Super Extreme DUI. The minimum penalty for this charge is harsher than that of the other types of DUI in Arizona.

Drug DUIs

DUIs are not limited to alcohol. Arizona also has drug DUIs. The state’s DUI Drugs statute states it is illegal for an individual to drive or control a vehicle when a drug or a drug metabolite are in his or her body. The prosecutors do not have to prove impairment as long as they can prove the drug is in the driver’s system and he or she is not an authorized user, meaning a prescription holder for the drug in question.

Penalties for Arizona DUI Convictions

An individual found guilty of a misdemeanor DUI charge in Arizona will face mandatory minimum penalties all the way up that of a Class 1 misdemeanor level penalty. The max penalty is half a year in jail along with a fine in excess of a couple thousand dollars, required community service, mandatory alcohol counseling and the use of an ignition interlock for use an automobile.
The minimum penalty for a DUI in the slightest along with DUI Drugs and DUI .08 is fairly similar. At the bare minimum, those found guilty of one of these types of DUI will face a penalty of 10 days in jail, alcohol abuse counseling, fines in the neighborhood of $1,600 and the possibility of mandatory use of an ignition interlock device for a year.


An individual found guilty of Extreme DUI will be required to obtain counseling, spend 30 days in jail, pay several thousands of dollars in fines and use an ignition interlock device for ra year. The minimum penalty for ra Super Extreme DUI is counseling, 45 days in jail, a fine of $3,300 and a full year’s use of an ignition interlock device. Penalties stiffen for repeat offenders. If you are charged with DUI in Arizona, be sure to find the best possible DUI attorney to minimize your potential penalty.