First-Offense DUI in Arizona: Penalties and What to Expect

The charge

A standard first-offense DUI under A.R.S. § 28-1381 — impaired to the slightest degree, or a BAC of .08 or more within two hours of driving — is a class 1 misdemeanor. Higher BAC levels are charged separately: Extreme DUI at .15 or more and Super Extreme at .20 or more carry longer mandatory jail terms even for a first offense.

Mandatory minimum penalties

• 10 consecutive days in jail, of which 9 can be suspended if you complete court-ordered alcohol screening and treatment — leaving 1 day to serve for most first offenses
• A base fine of $250 plus surcharges, and two $500 state assessments — roughly $1,500 at the minimum once everything is added
• A 90-day driver license suspension — typically 30 days with no driving, then 60 days restricted to work, school and treatment with a permit
• A certified ignition interlock device on any vehicle you drive, generally for 12 months on an alcohol-related first offense
• Alcohol screening, education or treatment, and up to 5 years of probation

Two cases, not one

A DUI arrest starts two separate proceedings: the criminal case in court, and an administrative license case with the Arizona MVD. The MVD suspension has its own short deadline to request a hearing — miss it and the suspension takes effect automatically, regardless of what later happens in court. This is one of the first things a defense lawyer handles.

Where a defense makes the difference

Mandatory minimums apply only if the State proves the charge. The stop, the field sobriety tests, the breath or blood procedure, the two-hour window, and the handling of the sample can all be challenged — and a charge that cannot be proven as filed is negotiated down or dismissed. Chelsie Talcott has represented hundreds of people charged with DUIs; see the full Arizona DUI defense page for every level of charge and its penalties.