Legal guide

What Is the Legal BAC Limit in Arizona?

The short answer is .08 — and the short answer misleads people every year. Arizona’s DUI law has four different numbers depending on who you are and what you drive, plus a rule that needs no number at all. Here is how the limits actually work.

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The four thresholds

  • .08 — the standard adult limit: an alcohol concentration of .08 or more within two hours of driving is DUI, regardless of visible impairment
  • .04 — the limit for commercial license holders driving a commercial vehicle
  • Any alcohol at all — drivers under 21, under Arizona’s zero-tolerance rule
  • .15 and .20 — the extreme and super extreme tiers, which sharply raise the mandatory jail attached to the same misdemeanor

The thresholds live in A.R.S. § 28-1381 and § 28-1382. The two-hour language matters: the State must tie the concentration to the window after driving, which makes the timing of the blood or breath test a genuine issue rather than a formality.

Why “under the limit” does not mean safe from charges

Arizona separately makes it unlawful to drive while impaired to the slightest degree — no number required. Prosecutors charge it alongside the .08 count, and it is how a .06 driver who performed poorly on field sobriety tests still ends up with a DUI case. The number is one path to a charge, not the boundary of one.

Zero tolerance under 21

A driver under 21 can be charged with any spirituous liquor in their body while driving — a .02 reading is enough. License consequences attach on top of the criminal exposure, and for students the record itself is usually the costliest part. These cases are defensible on the same grounds as any DUI: the stop, the testing, and the timeline.

Wherever your reading fell, the number on the citation is the State’s claim, not a verdict — calibration records, testing procedure, and the two-hour window all get examined. That work is described on our DUI defense page, and if this is your first charge, start with what a first-offense DUI actually involves.

Common questions

Can I get a DUI in Arizona under .08?

Yes. Driving while impaired to the slightest degree is a separate DUI charge with no BAC threshold, and drivers under 21 can be charged with any alcohol at all. The .08 rule is an additional path to a charge, not a safe harbor below it.

Is .15 a different crime than .08?

Same misdemeanor class, very different sentence: .15 triggers extreme DUI with 30 mandatory days (45 at .20+), against the effective one day most first-offense regular DUIs serve after suspension. The gap between .14 and .15 is enormous — and worth litigating.

How is BAC actually measured?

By breath or blood, each with calibration, certification, and handling requirements the State must meet. Readings near a threshold deserve scrutiny of margin of error and the timing of the draw against the two-hour rule.

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