Arizona DUI Laws and Charges

Facing a DUI charge can be overwhelming for many people in Arizona. Many people who are charged with first-offense DUIs have no criminal records or experience with how their cases might be handled by the courts.

If you have been arrested for a DUI, it is important for you to understand that charges are not evidence of guilt. Instead, it is possible to successfully defend against DUI charges with the help of a criminal defense lawyer experienced with Arizona DUI laws.

A DUI Defense Attorney at Gurion Legal, can explain the potential penalties you might face and identify different defenses that you might be able to raise against your charges. You can find more information about the various Arizona DUI offenses, their potential penalties, and some defense options that might be available.

For Immediate Help

First Time DUI – BAC From 0.08% to 0.149%

Under Ariziona DUI laws, standard DUIs involving alcohol are found in ARS 28-1381 (A)(1) and (A)(2). These two subsections provide different ways you can be charged with a regular DUI.

Under subsection (A)(1), the police can charge you with a DUI if you have actual physical control or drive a vehicle after ingesting any impairing amount of alcohol or drugs.

It is important to note that this subsection allows the police to charge you with a DUI even if you only have a small amount of alcohol or drugs in your system or do not have results from a chemical test.

Under subsection (A)(2), the police can arrest you for a DUI if a chemical test within two hours of your arrest shows a BAC ranging from 0.08% to 0.149%. This is Arizona’s per se DUI statute, meaning that there will be a presumption created that you are impaired by alcohol when your BAC falls within this range.

Commonly, police officers will cite both subsections in DUI cases. However, even if you are convicted under each subsection, you will only receive the penalties for a single DUI, and the two separate subsections will not be treated as two DUI convictions.

Under Arizona DUI laws, all DUIs are treated harshly, including first-offense standard DUIs. If you are convicted, you will be ordered to serve at least 10 days in jail. However, the court can suspend nine days upon completion of an alcohol assessment and any classes that might be recommended.

Extreme DUI – BAC From 0.15% to 0.199%

If your BAC tests at 0.15% to 0.199% within two hours of your arrest, under Arizona DUI laws, you will be charged with an extreme drunk driving offense per ARS 28-1382(A)(1).

If it is your first DUI offense within seven years, an extreme conviction will lead to the following potential penalties:

  • At least 30 days in jail
  • Fines and fees totaling at least $2,500
  • Minimum 90-day driver’s license suspension
  • 12-month mandatory IID installation
  • Substance abuse assessment and any recommended classes
  • Probationary sentence of up to five years
  • Eight points assessed against your license
  • Traffic survival school
  • SR-22 insurance

For a second extreme conviction, you will be ordered to spend 120 days in jail. You will also face fines and fees totaling at least $3,700, have your driver’s license revoked for one year, and be ordered to install an IID in your vehicle for 18 months following the revocation period.

You will also be ordered to complete 30 hours of community service, a substance abuse assessment, and any treatment that might be recommended.

Super-Extreme DUI – BAC of 0.20% or Higher

Under Arizona DUI laws, a super-extreme DUI can be charged if your BAC tests at least 0.20% under ARS 28-1382(A)(2). If you are convicted of a super-extreme offense as a first offense, the mandatory minimum jail sentence will be 45 days.

Additionally, you will be ordered to pay at least $3,000 in fines and fees, and your license will be suspended for a minimum of 90 days. You will have to install an IID at your own expense, attend traffic survival school, and might be ordered to complete at least 30 community service hours.

For a second super-extreme conviction, the court can order the following potential penalties:

  • Six months in jail
  • Fines and fees totaling at least $4,700
  • 12-month driver’s license revocation
  • IID for 24 months
  • At least 30 hours of community service
  • Probationary sentence of up to five years
  • Substance abuse assessment and classes
  • Traffic survival school

Driving Under the Influence of Drugs

Under Arizona DUI laws, you can be charged with a drugged DUI per ARS 28-1381(A)(3) if a blood or urine test completed within two hours of your arrest reveals the presence of any of the drugs found in ARS 13-3401, including marijuana, cocaine, heroin, methamphetamines, controlled substances without a prescription, and many others.

If you are convicted of a first drugged DUI in Arizona, you will face the penalties for a regular DUI. However, you might not be ordered to install an IID in your car since it is not required for drugged driving cases.

Arizona Felony Aggravated DUI Charges

The police can charge you with an aggravated DUI in one of the following five situations:

  • Getting a DUI while your license is restricted, revoked, or suspended
  • Getting a DUI when you are required to have an IID installed in your vehicle
  • Getting a DUI when someone younger than 15 is in your vehicle
  • Being charged with a third offense within seven years
  • Getting a DUI while driving the wrong way

If you are convicted of a DUI when someone younger than age 15 was in your vehicle, it is a Class 6 felony. The other types of aggravated DUIs are Class 4 felony offenses.

Under Arizona DUI laws, a first aggravated DUI as a Class 4 felony will result in a prison sentence of at least four months with probation of up to 10 years.

The court will also order you to pay fines and assessments of at least $4,700 and revoke your license for 12 months. You will have to install an IID in your vehicles for 24 months and complete an alcohol assessment and any recommended treatment.

What a DUI Criminal Defense Attorney Might Do

When you work with an defense attorney experienced with Arizona DUI Laws, he or she might help by doing the following things:

  • Explain the laws, potential penalties, and court procedures
  • Engage in plea bargaining to try to get a reduced charge or sentence
  • File evidentiary motions to seek the suppression of some or all of the evidence
  • Appear on your behalf in court
  • Fight for your rights up to and through a jury or court trial

Working with an experienced defense attorney might make it much likelier that you will obtain a favorable outcome in your case. To learn more, contact us today to schedule a consultation.

What People Say

Client Testimonials


Well, we aren’t finished yet, but already Mr. Gurion has displayed tolerance, patience, and truly gifted knowledge in his advice and guidance for me in regard to a criminal case that is already complicated but made more frustrating, at best, by my conduct (FTA x 2) thus far. On top of that, he brings with him a genuine swagger when entering the courtroom which shows in his actions and ability to to have an amazing working relationship with the prosecutor and judge alike. I’m am truly grateful to have had this gentleman appointed to represent me. Thank You Omer, you have already blessed me more than you could ever know.


We just finished working together after receiving the verdict that we wanted, and I must say that Omer is highly skilled in the court room and very knowledgeable of the law. He was very patient with me every time we met and thoroughly answered all my questions. He was able to adjust his schedule to accommodate me as well as personally represent me at each court hearing that was requested. He communicated quickly and effectively to me and made sure I had a complete understanding before asking what I wanted to do next. Omer was very aggressive, as this case was extremely important to me and I am very fortunate to have had him represent me, thank you Omer!


I worked with Omer for five years. He is always professional and ready to advocate for his clients. He is incredibly knowledgeable on the law and finds creative solutions for complex problems. I would highly recommend Omer Gurion for any criminal case.


Omer Ramiro is top notch criminal defense and is very good at what he does. Omer approached my case weighing out every scenario and fully explaining to me what may or may not happen along the way. He really put me at ease during a trying time in my life and applied the right finesse to get me a very acceptable pla that would have been impossible to get on my own. Truly a great outcome for me and I’m very relieved. Bottom line hes very good and would ask for him by name. I specifically did not initially seek out Omer Ramiro but went to a very respected law firm for representation in a criminal charge against me. I was assigned Omer and I’m very glad for this and would recommend him to anyone needing help. Aside from being good at his job hes actually quite a nice guy also. A+++


Thank you Omer for helping my family and I through the one of the hardest times that we have ever gone through. I had a trial coming up in two weeks in 2 weeks when I made the decision to hire Omer Gurion and that was the best decision I have ever made. Omer prepared himself for my case in only 2 weeks and destroyed the state’s poor case against me. After working with him I can say without a doubt he is undoubtedly one of the best criminal defense attorney’s there is because he is extremely articulate, intelligent and absolutely knows the law inside and out. The jury came back almost immediately with a “not guilty” verdict. I can’t even truly express how relieved I felt at that moment and it is all thanks to Omer and the defense team he works with. I say emphatically that you can count on Omer Gurion.


I was in contact and worked with a couple of attorneys from the Rosenstein Law Group and was provided solid legal services but it wasn’t until I had the privilege of having Mr. Gurion on myside that I felt some bit of peace of mind or a little bit at ease. I’m sure Mr. Gurion had several clients while he was working with me, yet I never felt like just a number to him; I always felt like I was his number one priority. Mr. Gurion was never too busy to reply to an email or answer a call from me. Mr. Gurion was always calm, cool and collected and reassured me that everything was going to be OK for me and my family. Not only did Mr. Gurion reassure me, more importantly he delivered. I am a free man because of Mr. Gurion. If anybody is in need of legal assistance I would without a second thought I would highly recommend Mr. Gurion.


My son had a DUI arrest hanging over his head. We hired Omer to guide us through the process. He carefully outlined and explained all options available. He advised my son on a course of action based on his knowledge of the law and his experience. His advice was spot on. His guidance and responsiveness helped relieve the stress of the situation. We highly recommend Omer. You can put your confidence in him.


September 23, 2019

I was really in trouble and I wentto Rosenstain Law firm because of it was close by my home. Then I met with Omar and he checked my case and told me all of the things gonna happen . However, he trusts himself a lot which is very important for me. First when I received my warrant he directed me very well and took me out of the jail in 2 hours and reduced the bail from 25 k to $500. And at the end case was dismissed. He always believed me and did his best. I am so sad that I did not meet him before. I would highly recommend to work with him because you can just trust him and don’t keep your mind busy with court. He will do anything for you, and he knows what he is doing very well. I appreciate for all of his afford and making my case so easier.


Omer was not only extremely knowledgeable and efficient as an attorney but was very caring and supportive during a very difficult time for our family. Omer even followed up after the resolution to make sure we had everything we needed. I would recommend Omer Gurion highly. Thank you Omer!

Samantha Knobbe

Omer is an excellent lawyer. He is known in the legal community as a skilled and prepared attorney. He is a fierce advocate for his clients.

Samantha Knobbe

Criminal Defense Attorney

One of the best criminal defense attorneys available. Incredibly knowledgeable, compassionate and communicative. Would absolutely recommend for any of your criminal defense needs. One of the best litigators with a client-centered focus. 10/10

Shannon McShay

Everyone at this firm is amazing Lisa is one of the strongest and nicest females on this planet and we need more of those, Omer doesn’t take the easy way out and fights FOR YOU, for a small growing firm they are the best in the business hands down, I have never had to deal with lawyers and attorneys before but I’m glad that this was my experience, having Gurion represent me was the best thing ever and we came out on top thank you guys again for everything!

TJ Stream

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