Arizona has some of the strictest DUI laws in the United States, and understanding what is the legal limit for alcohol in Arizona is essential. Unlike many states, Arizona imposes mandatory jail time even for first-time offenders. Exceeding the legal alcohol limit can lead to severe consequences, including loss of your license, hefty fines, and imprisonment. Being aware of the legal limit and its implications can help protect your freedom, your driving privileges, and your future.
If you or a loved one is facing a DUI charge, this guide explains everything you need to know.
What Is the Legal Limit for Alcohol in Arizona?
Under Arizona Revised Statutes § 28-1381, the legal limit for alcohol in Arizona depends on the type of driver:
- 0.08% BAC – Drivers age 21 and older
- 0.04% BAC – Commercial drivers (CDL holders)
- 0.00% BAC – Drivers under 21 (Zero Tolerance)
Important: You can still be charged with DUI below 0.08% if you are “impaired to the slightest degree.”
Arizona enforces these limits aggressively.
DUI Categories in Arizona (Based on BAC Level)
Arizona divides DUI offenses into categories based on blood alcohol concentration.
1. Standard DUI (0.08% – 0.149%)
Charged under Arizona Revised Statutes § 28-1381.
This is the most common DUI charge and applies when a driver’s BAC exceeds 0.08%.
First-Offense Penalties:
- Minimum 10 days in jail (9 may be suspended after screening)
- Fines exceeding $1,200
- 90-day license suspension
- Mandatory ignition interlock device (IID)
- Alcohol screening & education
2. Extreme DUI (0.15% – 0.199%)
Charged under Arizona Revised Statutes § 28-1382.
Penalties increase significantly compared to a standard DUI.
First-Offense Penalties:
- Minimum 30 days in jail
- Fines exceeding $2,500
- 90-day license suspension
- IID required for 12 months
- Mandatory alcohol treatment
3. Super Extreme DUI (0.20% and Above)
Also prosecuted under Arizona Revised Statutes § 28-1382.
This carries the harshest misdemeanor penalties in Arizona.
First-Offense Penalties:
- Minimum 45 days in jail
- Fines exceeding $3,000
- 90-day license suspension
- IID required for at least 18 months
Aggravated DUI (Felony DUI)
Under Arizona Revised Statutes § 28-1383, certain DUI cases become felonies.
An Aggravated DUI may apply if:
- You have 3 DUI offenses within 7 years
- You were driving on a suspended or revoked license
- A child under 15 was in the vehicle
- You were required to have an IID installed
Felony DUI Consequences:
- Mandatory prison time
- Extended license revocation
- Substantial fines
- Felony criminal record
A felony DUI can permanently impact employment, professional licenses, and immigration status.
Can You Be Charged With DUI Below 0.08%?
Yes.
Arizona law allows prosecutors to charge DUI if a driver is impaired “to the slightest degree.”
Officers may rely on:
- Field sobriety tests
- Driving behavior
- Officer observations
- Chemical testing results
This means 0.08% is not a safe harbor.
Arizona’s Implied Consent Law
Under Arizona law, drivers automatically consent to chemical testing when operating a vehicle.
If you refuse testing:
- 12-month license suspension (first refusal)
- 24-month suspension (second refusal within 7 years)
- Refusal may be used as evidence in court
Police may still obtain a warrant for a blood draw.
Refusal often complicates — rather than avoids — DUI consequences.
Administrative vs Criminal Penalties (Two Separate Battles)
Many drivers don’t realize a DUI triggers two separate proceedings:
1. Criminal Court Case
- Jail
- Fines
- Probation
- IID requirements
2. Arizona MVD Administrative Action
- License suspension
- Revocation
- Ignition interlock requirements
You have a limited time to request a hearing to challenge your license suspension.
Missing this deadline can mean automatic loss of driving privileges.
Underage DUI (Zero Tolerance)
Arizona enforces a strict 0.00% BAC rule for drivers under 21.
Penalties may include:
- 2-year license suspension
- Fines and court penalties
- Community service
- Alcohol education programs
If the BAC reaches 0.08% or higher, additional DUI charges may apply.
Open Container Laws in Arizona
Arizona prohibits open containers of alcohol in the passenger area of a vehicle. Violations can result in citations even if the driver is sober.
How BAC Is Measured in Arizona
BAC may be determined through:
- Breath testing devices
- Blood tests
- Urine testing (in limited cases)
Arizona generally requires testing within two hours of driving for certain DUI charges. Prosecutors may also use retrograde extrapolation to estimate BAC at the time of driving.
Challenging testing procedures is often a key DUI defense strategy.
Why Arizona Is Considered One of the Toughest DUI States
Arizona stands out because it:
- Mandates jail time for first offenses
- Requires ignition interlock installation
- Imposes severe financial penalties
- Enhances penalties for high BAC levels
Few states impose such strict mandatory minimums.
Facing a DUI in Arizona? Protect Your Future Now.
A DUI conviction can result in:
- Jail time
- Thousands in fines
- License suspension
- Ignition interlock costs
- Increased insurance premiums
- Permanent criminal record
But being charged does not mean you are automatically guilty.
An experienced DUI defense attorney can:
- Challenge BAC testing accuracy
- Review officer procedures
- Examine probable cause
- Represent you at MVD hearings
- Negotiate reduced charges when possible
Time matters. Deadlines to protect your license can be short.
Speak With an Arizona DUI Defense Attorney Today
If you have been arrested or charged with DUI in Arizona, early legal intervention can make a significant difference.
A strategic defense may help you:
- Protect your driving privileges
- Reduce penalties
- Avoid unnecessary jail time
- Safeguard your professional future
Contact an experienced Arizona DUI attorney today for a confidential case evaluation.
Key Takeaways
1. 0.08% BAC – Legal limit for drivers 21+
2. 0.04% BAC – Commercial drivers
3. 0.00% BAC – Underage drivers
4. Higher BAC = harsher mandatory penalties
5. Jail time is mandatory in most DUI convictions
6. You can be charged below 0.08%
Arizona DUI laws are strict — and consequences escalate quickly.
Conclusion: What is the legal limit for alcohol in Arizona
Understanding what is the legal limit for alcohol in Arizona is crucial to avoid severe DUI penalties, including mandatory jail time, fines, and license suspension. Arizona enforces strict DUI laws, and even a small amount of impairment can lead to charges, so it’s important to stay within the legal limits.
If you or a loved one is facing a DUI charge, seeking legal help is vital. An experienced DUI defense attorney can challenge evidence, protect your driving privileges, and help reduce penalties. Don’t risk your future—consult with a lawyer to ensure you receive the best defense possible.
Frequently Asked Questions
1. Can you get a DUI under 0.08% in Arizona?
Yes. Impairment to the slightest degree can result in charges.
2. Can you have one drink and drive in AZ?
Yes, if you’re 21+ and under 0.08% BAC — but you can still be arrested if impaired.
3. What are the penalties for a first DUI in Arizona?
Minimum 10 days jail, fines over $1,250, license suspension, and ignition interlock device.
4. Can you drink under 21 with a parent in AZ?
No, Arizona does not allow under-21 drinking, even with a parent.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws may change, and individual circumstances vary. Consult a licensed Arizona attorney regarding your specific situation.
