Law Offices of Benjamin Dodge

Arizona Drunk Driving Penalties

Possible Penalties and Conditions*	1ST OFFENSE IMPAIRED or BAC OF 0.08 OR GREATER	1st OFFENSE EXTREME (BAC OF 0.15 OR GREATER)	2ND OFFENSE IMPAIRED or BAC OF 0.08 OR GREATER
Driver's License Suspension or Revocation**	Suspension for 90 days to 1 year	Suspension for 90 days to 1 year	Revocation for 1 year
Jail or Prison Time (Courts can require you to pay for jail costs)***	MANDATORY 10 to 180 days jail time	MANDATORY 30 to 80 days jail time	MANDATORY 90 to 180 days jail time
Fines and Costs	MANDATORY Fine of $250 to $2,500. Plus 80% surcharge. Plus $250 assessment to the Arizona DUI Abatement Fund. Plus $500 fee to the Prison Construction and Operations Fund	MANDATORY Fine of $200 to $2,500. Plus 80% surcharge. Plus $250 assessment to the Arizona DUI Abatement Fund Plus $1000 fee to the Prison Construction and Operations Fund	MANDATORY Fine of $500 to $2500. Plus 80% surcharge. Plus $250 assessment to the Arizona DUI Abatement Fund Plus $1250 fee to the Prison Construction and Operations Fund
COUNSELING	If recommended in your evaluation and you want the judge to suspend all but one day in jail	If recommended in your evaluation and you want the judge to suspend all but 10 days in jail	If recommended in your evaluation and you want the judge to suspend all but 30 days in jail
Probation	POSSIBLE for up to 5 years	POSSIBLE for up to 5 years	POSSIBLE for up to 5 years
Monthly Reporting to Probation Officer	POSSIBLE Depends on whether you are placed on probation.	POSSIBLE Depends on whether you are placed on probation.	POSSIBLE Depends on whether you are placed on probation
DUI Education Class	POSSIBLE	POSSIBLE	POSSIBLE
Alcohol / Drug Evaluation	POSSIBLE The Court may suspend some jail time if you agree to an evaluation and submit to treatment	POSSIBLE The Court may suspend some jail time if you agree to an evaluation and submit to treatment	POSSIBLE The Court may suspend some jail time if you agree to an evaluation and submit to treatment
Consume No Alcohol	POSSIBLE	POSSIBLE	POSSIBLE
Ignition Interlock or Deep-Lung Air Device****	POSSIBLE, but not mandatory	MANDATORY	MANDATORY
Travel and Entertainment Restrictions	POSSIBLE	POSSIBLE	POSSIBLE
Vehicle Forfeiture

Possible Penalties and Conditions*	2nd OFFENSE EXTREME (BAC OF 0.15 OR GREATER)	1st FELONY DUI (3rd DUI within 5 years, or DUI while License Suspended or Restricted)	FELONY DUI WITH A CHILD UNDER 15 YEARS OLD IN THE VEHICLE
Driver's License Suspension or Revocation**	Revocation for 1 year	Revocation for 3 years	Revocation for 3 years
Jail or Prison Time (Courts can require you to pay for jail costs)***	MANDATORY 120 to 180 days jail time	MANDATORY 4 months to 3 years prison time	MANDATORY Minimum prison time is the same as the minimum jail time for the misdemeanor offense you would have committed had a child not been in the vehicle
Fines and Costs	MANDATORY Fine of $500 t0 $2500. Plus 80% surcharge. Plus $250 assessment to the Arizona DUI Abatement Fund Plus $1250 fee to the Prison Construction and Operations Fund	MANDATORY Fines up to $150,000. Plus 80% surcharge. Plus $250 assessment to the Arizona DUI Abatement Fund Plus $1500 fee to the Prison Construction and Operations Fund	MANDATORY Fines up to $150,000. Plus 80% surcharge. Plus $250 assessment to the Arizona DUI Abatement Fund
COUNSELING	If recommended in your evaluation and you want the judge to suspend all but 60 to 120 days in jail	Required if you are placed on probation	Required if you are placed on probation
Probation	POSSIBLE for up to 5 years	POSSIBLE for up to 5 years	POSSIBLE for up to 5 years
Monthly Reporting to Probation Officer	POSSIBLE Depends on whether you are placed on probation.	POSSIBLE Depends on whether you are placed on probation.	POSSIBLE Depends on whether you are placed on probation
DUI Education Class	POSSIBLE	POSSIBLE	POSSIBLE
Alcohol / Drug Evaluation	POSSIBLE The Court may suspend some jail time if you agree to an evaluation and submit to treatment
Consume No Alcohol	POSSIBLE	POSSIBLE	POSSIBLE
Ignition Interlock or Deep-Lung Air Device****	MANDATORY	MANDATORY	MANDATORY
Travel and Entertainment Restrictions	POSSIBLE	POSSIBLE	POSSIBLE
Vehicle Forfeiture		POSSIBLE	POSSIBLE

* This chart displays projections of the possible penalties you could face. Because each person’s situation is different and courts and judges within the State of Arizona differ in how they treat DUI, your outcome could be different.

** What is the difference between a suspension and a revocation?

A suspension has a specific start and end date; when the suspension period ends, you pay the reinstatement fee and any reapplication fees to restore your driving privileges.

Revocations are indefinite; there is a minimum length of time, usually one to three years, but the action does not automatically end on that date. You must go through an investigation process to determine whether it would be safe to restore your driving privileges. If approved for reinstatement, there are reinstatement and reapplication fees.

*** Jail Costs: These costs can range from $80.00 to $100.00 for the first day of incarceration and from $40.00 to $90.00 for remaining days. The final cost depends on the facility and the court may waive these costs.

**** Ignition Interlock/Deep Lung Air Device: An ignition interlock device is a breath test machine that is connected to the ignition of your vehicle. In order to start your car, you must provide a breath sample that is free of alcohol. Once your vehicle is running, you will periodically have to blow into the device to keep your vehicle running. If the machine reads alcohol on your breath, its will disable your vehicle, flash your lights and honk your horn to draw the attention of law-enforcement. Many of these devices are programmed to work only if the convicted driver blows into the machine.

Below is the chart in a .pdf file to download:

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Arizona Drunk Driving Penalties

** What is the difference between a suspension and a revocation?

DUI Penalty Chart