| Offense Type | Jail | Fines and Penalties | License Actions | Other Penalties | Interlock Ignition Device Required? |
|---|---|---|---|---|---|
| 1st Offense (A.R.S. § 28-1381(A)(1) or A.R.S. § 28-1381(A)(2) >0.08% BAC) | Min. 1 day jail (min. 8 hours) 9 days jail suspended with screening & counseling | $250 fine + surcharges, $500 State Prison Construction fee, $500 State General Fund fee, jail costs | License Suspension is from 90 days to 1 year, ignition interlock 6 to 12 months | Alcohol screening & counseling, TSS, restitution, probation up to 5 years | Yes |
| 1st Offense Extreme DUI (A.R.S. § 28-1382(A)(1) >0.15% BAC) | 30 days jail (21 suspended with IID + screening & counseling) | $250 fine + surcharges, $250 DUI assessment, $1,000 State Prison Construction fee, $1,000 State General Fund fee | License Suspension is from 90 days to 1 year, ignition interlock for up to 12 months | Alcohol screening & counseling, TSS, restitution, possible probation for up to 5 years | Yes |
| 1st Offense Super Extreme DUI (A.R.S. § 28-1382(A)(2) >0.20% BAC, First Offense) | 45 days jail (31 suspended with IID + screening & counseling) | $500 fine + surcharges, $250 DUI assessment, $1,000 State Prison Construction fee, $1,000 State General Fund fee | License Suspension is from 90 days to 1 year, ignition interlock up to 18 months | Alcohol screening & counseling, TSS, restitution, possible probation for up to 5 years | Yes (18 months) |
| 2nd Offense with Valid License (A.R.S. § 28-1381(A)(1) or A.R.S. § 28-1381(A)(2) >0.08% BAC) | Min. 30 to 90 days jail (60 suspended with screening & counseling) | $500 fine + surcharges, $1,250 State Prison Construction fee, $1,250 State General Fund fee, jail costs | Suspension/revocation for up to 1 year, ignition interlock up to 12 months | Alcohol screening & counseling, 30 hours community service, TSS, restitution, possible probation for up to 5 years | Yes |
| 2nd Offense Extreme DUI (A.R.S. § 28-1382(A)(1) >0.15% BAC) | 120 days in jail (none suspended) | $500 fine + surcharges, $250 DUI assessment, $1,250 State Prison Construction fee, $1,250 State General Fund fee | Suspension/revocation for up to 1 year, ignition interlock up to 12 months | Alcohol screening & counseling, 30 hours community service, TSS, restitution, possible probation for up to 5 years | Yes |
| 2nd Offense Super Extreme DUI (A.R.S. § 28-1382(A)(2) >0.20% BAC) | 180 days jail (none suspended) | $1,000 fine + surcharges, $250 DUI assessment, $1,250 State Prison Construction fee, $1,250 State General Fund fee | Suspension/revocation for up to 1 year, ignition interlock up to 18 months | Alcohol screening & counseling, 30 hours community service, TSS, restitution, possible probation for up to 5 years | Yes |
| Felony DUI 3rd Offense or 2nd Offense with Suspended License or Ignition Interlock Mandate A.R.S. § 28-1383) | Min. 4 months prison (not jail) | $750 base fine | License Revocation - 1 year, ignition interlock up to 12 months | Alcohol screening & counseling, TSS, restitution, probation up to 5 years | Yes |
Arizona's DUI sentencing guidelines were updated by the Arizona Supreme Court effective September 26, 2025. If you were charged after this date, these changes apply to your case.
Sentencing charts change. An attorney who is not current on the latest guidelines may miss opportunities to argue for alternative sentencing options, reduced assessments, or treatment-based pathways that are now available under the 2025 updates.
At Feldman Royle Ahl, our attorneys stay current on every change to Arizona's DUI sentencing framework. If you are facing DUI charges in 2026, contact us for a free consultation to understand exactly what penalties apply to your specific situation.
| Offense Type | Jail | Fines and Penalties | License Actions | Other Penalties | Interlock Ignition Device Required? |
|---|---|---|---|---|---|
| Drug or Marijuana DUI - 1st Offense (A.R.S. § 28-1381(A)(3) | Min. 1-day jail (min. 8 hours) 9 days jail suspended with screening & counseling | $250 fine + surcharges, $500 State Prison Construction fee, $500 State General Fund fee, jail costs | License Suspension is from 90 days to 1 year, ignition interlock is not required | Alcohol screening & counseling, TSS, restitution, probation up to 5 years | No |
| Drug or Marijuana DUI - 2nd Offense with Valid License (A.R.S. § 28-1381(A)(3) | Min. 30 to 90 days jail (60 suspended with screening & counseling) | $500 fine + surcharges, $1,250 State Prison Construction fee, $1,250 State General Fund fee, jail costs | Suspension/revocation for up to 1 year, ignition interlock is not required | Alcohol screening & counseling, TSS, restitution, probation up to 5 years | No |
