Arizona DUI Lawyer

Arizona Driving Under The Influence (DUI) & Driving While Intoxicated (DWI) Laws

Arizona has some of the strictest laws in the United States regarding Driving Under the Influence (DUI), also known as Driving While Intoxicated (DWI) in other states. Arizona Revised Statute A.R.S. § 28-1381(A) states:

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

• While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
• If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
• While there is any drug defined in section 13-3401 or its metabolite in the person’s body.

Arizona DUI First Offense Misdemeanor (A.R.S. 28-1381(A)(2))

Driving under the influence is a class 1 misdemeanor if it is the Defendant’s first offense. The sentence carries a possible jail term of 180 days. The minimum jail term of 10 days is usually ordered by the presiding judge, but some offenders can avoid 9 days of the sentence by being screened for an alcohol-screening program and completing the recommended classes.

A DUI in Arizona is very expensive, due to legislative measures. A person who is convicted of such an offense may have to pay a fine plus additional surcharges and assessment fees that add up to around $1,500 plus the cost of jail time. Jail time also comes with a bill: Maricopa County’s fiscal year 2027 jail rates are $702.56 for the first (booking) day and $145.86 for each day after that, and these costs are often passed on to the person serving the sentence. There are additional costs for the screening and classes. You may be required to complete a MADD class, which is a one-night, two-hour class. The MVD, and possibly the courts will also require you to install an interlock device in any vehicle the person operates, which costs approximately $100 each month.

Arizona DUI Second Offense Misdemeanor (A.R.S. 28-1381(K))

If, within seven (7) years, someone is convicted of a second offense DUI in Arizona (ARS §28-1381(K)), the penalties are much worse than a first-time offender. The judge has the ability to sentence anyone charged with a second DUI offense to 90 days in jail. However, most of the time, if the person agrees to be screened by an approved agency and complete alcohol classes, they may only have to serve 30 days of the 90-day sentence.

The fines and surcharges associated with a second offense are more than double those of the first time DUI. Due to the cost of jail for 30 days, the total fine is around $3000.00 alone. The classes are usually more intense and the MVD usually orders a longer time that you must have the interlock device installed in your vehicle.

It is important to contact an attorney as soon as possible, so that we can immediately assist you with your case by starting the investigation process. Call Dove Law Firm at (877) 368-3529 to speak with one of our Arizona DUI lawyers at our Mesa office today.