DUI Sentencing and Fines in Arizona

A DUI in AZ is costly in more ways than one

A car driver is drinking beer while he is driving through a tunnel
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If you are found guilty of DUI (Driving Under the Influence) in Arizona you will go to jail. Even if no one was hurt or killed, or you didn't even hit another car or damage anything at all. It is mandatory that you spend a minimum of 24 hours in jail, even for your first offense. In addition to 24 hours in jail, you will have to pay fines and fees. Many people don't consider the financial penalties, but in many cases, the expenses can be more of a hardship than the 24 hours in jail. If you are convicted of DUI more than once, the penalties get exponentially harsher.

What follows are the sentencing, penalty and fee guidelines for DUI in Arizona. These do not include what you may have to pay an attorney, what it might cost you if you miss work or lose your job, what you might have to pay in increased insurance costs or any other cost associated with being convicted of a DUI.

Charge: First time DUI

Proof: Impaired to the slightest degree

Minimum Mandatory Sentence: 10 days in jail with 9 days suspended if alcohol assessment and treatment are completed, $250 fine plus 83% surcharge plus other fees (around $480 total fine), $500 fee to DPS, $500 prison assessment fee, probation fee of $20, time payment fee of $20, attend an alcohol screening and education or treatment, probation, and community service are possible but not required, pay jail costs, install an interlock ignition device for one year at a cost of approximately $1,000.



Maximum Sentence: 6 months jail, $2500 fine plus 83% surcharge and other fees; 3 years probation; $500 fee to DPS, $500 prison assessment fee, probation fee of $20, time payment fee of $20, attend an alcohol screening and education or treatment, probation, and community service are possible but not required, pay jail costs, install an interlock ignition device for one year at a cost of approximately $1,000.

Charge: DUI with BAC of .08% or more

Proof: BAC of .08% or more

Minimum Mandatory Sentence: 10 days in jail with 9 days suspended if alcohol assessment and treatment are completed, $250 fine plus 83% surcharge plus other fees (around $480 total fine), $500 fee to DPS, $500 prison assessment fee, probation fee of $20, time payment fee of $20, attend an alcohol screening and education or treatment, probation, and community service are possible but not required, pay jail costs, install an interlock ignition device for between six and  twelve months at a cost of up to approximately $1,000.



Maximum Sentence: 6 months jail, $2500 fine plus 83% surcharge and other fees; 3 years probation; $500 fee to DPS, $500 prison assessment fee, probation fee of $20, time payment fee of $20, attend an alcohol screening and education or treatment, probation, and community service are possible but not required, pay jail costs, install an interlock ignition device for between six and  twelve months at a cost of up to approximately $1,000.

Breath test/blood test: If the reading is .08 or more the driver's license is suspended for 90 days, however for 60 of those days the license may be restricted to allow travel between home and work or home and school.

If a driver refuses to take the test the driver's license is suspended for a year mandatory.

Charge: Extreme DUI 

Proof: BAC of .15% or more

Minimum Mandatory Sentence: 30 consecutive days jail; $250 fine plus 83% surcharge plus $250 assessment fee, $1000 fee to DPS, $1000 prison assessment fee, probation fee of $20, time payment fee of $20, attend an alcohol screening and education or treatment, probation, and community service are possible but not required, pay jail costs, install an interlock ignition device for between six and  twelve months at a cost of up to approximately $1,000 per year.

Maximum Sentence: 6 months jail, $2500 fine plus 83% surcharge and other fees; 3 years probation

Charge: Extreme DUI 

Proof: BAC of .20% or more

Minimum Mandatory Sentence: 45 consecutive days jail; $500 fine plus 83% surcharge plus $250 assessment fee plus, $1000 fee to DPS, $1000 prison assessment fee, probation fee of $20, time payment fee of $20, attend an alcohol screening and education or treatment, probation, and community service are possible but not required, pay jail costs, install an interlock ignition device for between six and  twelve months at a cost of up to approximately $1,000 per year.

Maximum Sentence: 6 months jail, $2500 fine plus 83% surcharge and other fees; 3 years probation

Notes

After serving some of the jail time, the courts may allow defendants to serve the balance of their sentence as home detention. There is a charge that ranges from $10 to $30 per day and a charge to set up the system, however, it is less costly than paying for jail.

This information was last updated on the date shown and is subject to change without notice. The first date shown may include updates on this page that are not DUI related, but the DUI information date is also included. Consult an attorney if you have questions about DUI sentencing, fees or fines in Arizona.

Guest Author Susan Kayler, a former prosecutor, defense attorney, and judge, has more than 20 years of legal experience. Susan currently represents clients in DUI/DWI cases, traffic cases, appeals, photo radar cases, criminal cases and more. She can be contacted at susan@kaylerlaw.com.