Facing your first drunk driving (DUI) charge in Arizona is overwhelming. Even a first offense is a Class 1 misdemeanor with mandatory penalties that include jail time, fines, a license suspension, alcohol education, and an ignition interlock device (IID). Arizona is well-known for having some of the toughest DUI laws in the country — something emphasized by former DUI judge Mark Weingart, who explains that the state imposes strict mandatory minimums even for first-time offenders.
This guide explains exactly what happens during a first-offense DUI in Arizona, what penalties you face, how long you may lose your license, and what steps you should take immediately after the arrest.
What Counts as a First-Offense DUI in Arizona?
Under A.R.S. §28-1381, a driver can be charged with DUI if they:
- Have a BAC of 0.08 or higher,
- Are impaired to the slightest degree by alcohol or drugs, or
- Are driving under the influence of a combination of alcohol and drugs.
A first offense means you have no prior DUI convictions within the past 7 years. Arizona uses the “occurrence date to occurrence date” rule — also outlined by Mark Weingart — meaning the 7-year window is calculated from the date of each violation.
For a first DUI, Arizona separates penalties into three BAC tiers:
- Regular DUI: BAC 0.08–0.149
- Extreme DUI: BAC 0.15–0.199
- Super Extreme DUI: BAC 0.20 or higher
Each tier increases mandatory jail time, fines, and IID length.
Penalties for a First DUI in Arizona (By BAC Level)
Arizona law requires judges to impose mandatory minimums. While courts may increase penalties, they cannot go below these minimums.
Regular DUI (BAC 0.08–0.149)
For first-tier offenses:
- Jail: 10 days, but 9 can be suspended if you complete alcohol/drug screening — many first offenders serve only 1 actual day in custody.
- Fines & Fees: Approximately $1,600+ after surcharges.
- Ignition Interlock Device (IID): Typically 6–12 months.
- License Suspension: 90 days (usually 30 days no driving + 60 restricted).
- Other Requirements: Alcohol/drug education, possible community service, probation (up to 5 years).
Extreme DUI (BAC 0.15–0.199)
Although the BAC range is narrow, many cases fall here. Penalties increase significantly:
- Jail: Often 2–30 days, depending on the court. Some courts allow part of the time through home detention.
- Fines: Around $3,200+.
- IID: Minimum 12 months.
- Other: Alcohol education, possible community service, probation.
Super Extreme DUI (BAC ≥ 0.20)
This is the harshest misdemeanor tier:
- Jail: 45 days mandatory, with no fewer allowed by statute.
- Fines: Typically $5,000+.
- IID: At least 18 months.
- Other: Extensive treatment requirements, probation, community service.
When a First DUI Can Become “More Serious”
Even if it is your first DUI, your case can escalate if aggravators apply:
- Child under 15 in the vehicle → Felony Class 6 (Aggravated DUI)
- Driving on a suspended, canceled, or revoked license
- Wrong-way driving
- Accidents involving injury or death (prosecuted as Aggravated Assault or Homicide, not DUI)
Weingart emphasizes that aggravated DUIs carry mandatory revocation and can trigger prison time even for first offenders in serious injury cases.
What Happens When You Get Pulled Over for a Suspected DUI?
Based on Arizona procedure:
1. The Stop
Police look for signs such as drifting, speeding, slow reactions, or wide turns.
2. Questioning & Field Sobriety Tests
- You do not have to answer incriminating questions.
- Field sobriety tests are voluntary, though officers rarely say so.
3. Breath or Blood Test
Refusing testing triggers separate license consequences. Officers may obtain a telephonic warrant for a blood draw.
4. After the Arrest
- Most first-offense DUI defendants are released quickly.
- You can still drive for 15 days after receiving the initial suspension notice.
Arizona MVD Consequences (Separate From Court)
Arizona has two separate tracks:
- Criminal penalties (jail, fines, IID)
- Administrative MVD penalties (license suspension)
Typical first-offense MVD consequences:
- 90-day license suspension
- Option for restricted driving after 30 days
- IID requirement once driving privileges are restored
Many people misunderstand this part — and mistakes here can lead to unnecessary SR-22 insurance requirements or extended suspensions.
Long-Term Consequences of a First DUI in Arizona
A first DUI affects more than your court case and it has the following consequences:
Insurance Consequences
- High-risk insurance (SR-22) may be required for 3 years — a mistake that can cost $6,000+ if mishandled.
Professional Licensing
Medical professionals, nurses, lawyers, realtors, and others may face board discipline.
CDL Drivers
A first DUI results in a 1-year CDL disqualification; a second DUI results in lifetime loss.
Travel Restrictions
- Canada generally denies entry for 5 years after any DUI conviction.
- These are consequences nearly all competitors fail to explain — but users care deeply about them.
Defense Strategies for a First DUI in Arizona
Every strong DUI defense begins by breaking the State’s proof into two parts: (1) the stop and arrest and (2) the chemical evidence.
Challenges to the Stop
- No valid reasonable suspicion
- Inconsistent officer statements
- Bodycam footage contradicting the report (a common issue)
Challenges to the BAC
- Machine calibration errors
- Improper blood draw, storage, or transport
- Crime lab errors found only after expert interviews
- Lack of scientific certainty for impairment (especially with drugs)
Negotiation Strategies
- Jail reduction programs (home detention, work release)
- Charge reductions when BAC is close to a threshold
- Identifying procedural errors that eliminate MVD penalties
Judge Weingart’s book stresses that blood testing is not exact science — values have margins of error, and “a number is not a number.”
What to Do Immediately After a First DUI Arrest
- Use your right to remain silent.
- Call a DUI attorney before deciding on testing — The Weingart Firm answers 24/7 for this reason.
- Do not miss your MVD deadlines (usually 15 days).
- Complete alcohol screening early — it may reduce jail time.
- Document everything you remember from the stop.
Frequently Asked Questions
What is the minimum sentence for a first DUI in Arizona?
A first regular DUI in Arizona carries a mandatory 10-day jail sentence, but the court can suspend 9 of those days if you complete alcohol screening and any required treatment, which means many first offenders serve only one actual day in custody. Fines, fees, license suspension, and ignition interlock requirements still apply, and higher BAC levels trigger harsher penalties. Even with the minimum jail term reduced, Arizona treats first-time DUIs seriously and imposes strict education and monitoring requirements to regain full driving privileges.
Can I avoid jail for a first DUI?
Arizona law requires every first-time DUI offender to serve at least one day in jail, so avoiding jail entirely is not possible, but the total time behind bars can often be reduced significantly. Courts may suspend most of the mandatory sentence after alcohol education, and some jurisdictions allow home detention or work release to minimize the impact on daily life. A skilled DUI attorney can identify opportunities to reduce jail time, negotiate alternatives, and challenge evidence that may affect sentencing. While the law mandates some custody, many first offenders ultimately serve very limited time depending on their case and compliance.
How long will my license be suspended?
For most first-offense DUIs in Arizona, the Motor Vehicle Division imposes a 90-day license suspension: the first 30 days prohibit all driving, and the following 60 days allow restricted driving for work, school, medical needs, or treatment programs. The suspension is administrative, meaning it applies even before the criminal case is resolved, and refusing a breath or blood test can increase it to a full year. After the suspension period ends, you must meet reinstatement requirements, including potential IID installation, screening, and fees. Timing and eligibility can vary, so legal guidance is important to avoid extended penalties.
Do I need an IID for a first DUI?
Most first DUI convictions in Arizona require installing an Ignition Interlock Device (IID) once you reinstate your driving privileges, and the term usually ranges from six to twelve months depending on the case. Higher BAC levels, such as Extreme or Super Extreme DUIs, automatically increase the IID duration, and any violations during the monitoring period can extend the requirement. You are responsible for installation and monthly calibration fees, and the IID must be used on any vehicle you operate. Some drivers may qualify for special early-reinstatement programs, but eligibility depends on compliance and the specifics of the conviction.
Is a first DUI in Arizona a felony?
A first DUI in Arizona is normally charged as a Class 1 misdemeanor, but it can be elevated to a felony if certain aggravating factors apply, such as driving with a suspended license, having a child under 15 in the vehicle, driving the wrong way, or accumulating multiple DUIs within seven years. Felony DUI penalties are far more severe and can include prison time, long-term license revocation, and lasting consequences for employment, immigration, and professional licensing. Even when the charge remains a misdemeanor, Arizona’s mandatory minimum penalties are among the toughest in the country. Understanding whether aggravators apply is critical to determining your true exposure.
Why Choose The Weingart Firm for a First-Offense DUI in Arizona
Founder Mark N. Weingart is:
- A former DUI judge
- A board-certified criminal law specialist
- A founding member of the National College for DUI Defense (Harvard)
- A veteran of 25,000+ DUI cases and 200+ jury trials
He literally wrote the book on surviving a DUI charge in Arizona — and our team uses decades of courtroom and scientific experience to challenge improper stops, faulty breath/blood tests, bodycam inconsistencies, and MVD procedural errors.
When the consequences include jail, fines, IID, your job, and your license, your attorney matters more than anything else.
Free Case Review Available 24/7
A first DUI won’t disappear on its own — and the first 15 days after arrest are critical.
Call The Weingart Firm for a confidential consultation today.
We will explain your options, protect your rights, and work to reduce or avoid the penalties Arizona law requires.
