Arizona DUI Laws & Traffic Law: The Complete Guide
Arizona's DUI offenses are defined in Title 28 of the Arizona Revised Statutes: basic DUI (A.R.S. § 28-1381), extreme DUI — a blood alcohol concentration of 0.15 or more (A.R.S. § 28-1382) — and aggravated DUI, the felony version (A.R.S. § 28-1383). The same title sets the administrative license-suspension consequences for testing over the limit or refusing a test, which run separately from any criminal sentence.
General traffic and vehicle-code rules — cell phone use, speeding, insurance, car seats, registration, and the move-over law — sit elsewhere in Title 28's traffic chapters, while Arizona's adult-use marijuana law makes clear that impaired driving is punishable even where marijuana use itself is lawful.
What is a DUI?
Under Arizona law, a DUI is the offense of driving or being in actual physical control of a vehicle while impaired by alcohol or drugs, as defined by A.R.S. § 28-1381 [1]. It covers driving impaired to the slightest degree, driving with an alcohol concentration of 0.08 or more within two hours (0.04 for commercial or for-hire drivers), or driving with a prohibited drug or its metabolite in the body [1]. A basic DUI conviction is a class 1 misdemeanor [1].
Read the full answer →Is a DUI a felony?
A standard DUI in Arizona — impaired driving, a 0.08 or higher alcohol concentration, drug presence, or a 0.04 threshold for commercial or for-hire drivers — is a class 1 misdemeanor, not a felony, and so is an extreme DUI at 0.15 or more [2][3]. An aggravated DUI is a felony: a class 4 felony for offenses such as a third DUI within eighty-four months, driving on a suspended license, or violating an ignition-interlock requirement, and a class 6 felony when a person under fifteen is in the vehicle [1].
Read the full answer →What is the blood alcohol limit for a DUI?
In Arizona, the standard DUI threshold is a blood alcohol concentration of 0.08 or more, with a lower 0.04 limit for commercial motor vehicle drivers and for-hire or transportation-network drivers [1]. An alcohol concentration of 0.15 or more is "extreme DUI," a separate, more serious offense with enhanced penalties [2], and a driver can also be convicted below these numbers if impaired to the slightest degree [1].
Read the full answer →Can you get a DUI reduced to reckless driving?
Under Arizona law, DUI — driving or being in actual physical control of a vehicle while impaired to the slightest degree, or with an alcohol concentration of 0.08 or more (0.04 for commercial vehicles and vehicles for hire) — is a class 1 misdemeanor [1]. Reckless driving, driving in reckless disregard for the safety of persons or property, is a separate, lesser class 2 misdemeanor [2].
Read the full answer →How long is your license suspended for a DUI in Arizona?
If a driver tests at 0.08 or more (0.04 for commercial or for-hire drivers), Arizona's Department of Transportation administratively suspends the license for at least ninety consecutive days, separate from any criminal case [1]. Refusing the test instead triggers a twelve-month suspension, or twenty-four months for a second refusal within eighty-four months [2]; a second DUI conviction within eighty-four months also revokes driving privileges for one year as part of the criminal sentence [3].
Read the full answer →What is an extreme DUI in Arizona?
An extreme DUI in Arizona is driving with a blood alcohol concentration of 0.15 or more but less than 0.20, or 0.20 or more, within two hours of driving [1]. It is its own class 1 misdemeanor offense under § 28-1382, distinct from ordinary DUI, and a first conviction requires at least thirty consecutive days in jail (0.15–0.20) or forty-five days (0.20 or more), plus a fine of at least $250 or $500 [1].
Read the full answer →Can you refuse a breathalyzer in Arizona?
Arizona's implied-consent law treats every driver as having agreed to a blood, breath, or urine test once arrested for a DUI-type offense [1]. Refusing blocks the test but triggers an automatic twelve-month license suspension — twenty-four months for a second refusal within eighty-four months — and officers may still obtain a sample under a search warrant [1].
Read the full answer →Do I need an ignition interlock after a DUI in Arizona?
Yes — after a DUI conviction involving intoxicating liquor, Arizona requires a certified ignition interlock device on any vehicle the person operates: twelve months after a standard first DUI conviction [1][2], twelve to eighteen months after an extreme DUI depending on the alcohol level [1][5], and up to twenty-four months after most aggravated DUI convictions [1][4].
Read the full answer →Can you get a DUI for marijuana in Arizona?
Arizona law does allow a DUI charge for marijuana, but only when the driver is actually impaired, not merely because marijuana is in their system [2]. It is unlawful to drive while any drug defined in § 13-3401, or its metabolite, is in the body, but a driver with marijuana metabolites is guilty under that provision only if also impaired to the slightest degree [1][2]. Arizona's adult-use marijuana law likewise does not permit driving while impaired to any degree by marijuana, and does not stop the state from penalizing it [4].
Read the full answer →What are the penalties for a first-offense DUI in Arizona?
A first-offense DUI conviction in Arizona is a class 1 misdemeanor carrying at least ten consecutive days in jail — though a judge may suspend all but one day if the person completes court-ordered alcohol or drug treatment — plus a fine of at least $250, two separate $500 assessments, mandatory traffic survival school, and an ignition interlock device if the offense involved liquor [1]. Repeat offenses within eighty-four months, and extreme or aggravated DUI, carry higher penalties under other provisions [1][2][6].
Read the full answer →Can you use your phone while driving in Arizona?
Arizona generally bars drivers from physically holding a wireless communication device, and from writing, sending, or reading text-based communications, while operating a vehicle [1]. Hands-free voice communication through an earpiece, headphone, or wrist-worn device remains allowed, as is hands-free use for navigation or GPS [1].
Read the full answer →What is criminal speeding in Arizona?
Criminal speeding — "excessive speed" — is a class 3 misdemeanor in Arizona, not a civil traffic ticket [1]. It applies to driving more than thirty-five miles per hour approaching a school crossing, more than twenty miles per hour over the posted limit in a business or residential district (or over forty-five miles per hour where none is posted), or more than twenty miles per hour over the posted limit anywhere else [1].
Read the full answer →What happens if you drive without insurance in Arizona?
Driving without insurance in Arizona is a civil traffic violation with escalating consequences: a first violation carries a minimum $500 civil penalty and a three-month license suspension, a second violation within thirty-six months carries a minimum $750 penalty and a six-month suspension of the license, registration, and plates, and a third or later violation carries a minimum $1,000 penalty and a one-year suspension [1]. Every vehicle operated on an Arizona highway must be covered by a liability policy or an approved alternative [1].
Read the full answer →What are Arizona's car seat and booster seat requirements?
Arizona requires a child restraint system for any child under five years old [1]. Children who are at least five but under eight years old, and not more than four feet nine inches tall, must also ride in a child restraint system in vehicles designed for ten or fewer passengers and required to have lap-and-shoulder or lap belts [1].
Read the full answer →Do you need a front license plate in Arizona?
No — Arizona law requires a license plate on the rear of a vehicle only; even when two plates are issued, the owner may display just the rear one [1]. The one exception is a vehicle issued two wheelchair-accessibility plates, which must display one on the rear and one on the operator's wheelchair carrier or lift [1].
Read the full answer →How soon must you register your car after moving to Arizona?
Arizona sets no single day-count deadline for registering a car after moving to the state; the registration obligation instead attaches the moment a person becomes an Arizona "resident" for vehicle purposes [1]. That happens immediately on events such as accepting Arizona employment, enrolling children in Arizona public school at resident tuition, registering to vote in Arizona, or remaining in the state seven months or more in a calendar year [1].
Read the full answer →What is Arizona's move-over law?
Arizona's move-over law requires a driver approaching a stationary vehicle with flashing warning lights to move into a non-adjacent lane when safely possible on a multi-lane highway, or otherwise to slow down and proceed with due caution [1]. Violating the move-over law carries a civil penalty of $275 for a first offense, $500 for a second within five years, and $1,000 for a third or later offense within five years [1].
Read the full answer →Statutes that govern this topic
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