Arizona DUI Laws

Arizona is continually working on reducing the number of DUI (Driving Under the Influence) individuals. During the past 30 years, laws have been established that make receiving a DUI a devastating event in one’s life. Society is beginning to view this offense as a violent crime.

You may be charged with a DUI on any Arizona roadway. Roadways can also be considered as lakes as well as waterways.

There are many Arizona Revised Statutes (A.R.S.) on the books that focus on DUIs. The following are only a few.

It is to be noted that A.R.S. are not stagnate. As mentioned earlier, Arizona laws are always changing. It is important to consult an attorney, in order to know of which current A.R.S. could affect you. An attorney will have your best interest in mind and will be up-to-date on Arizona DUI laws.

ARS 28-1381

Title 28- 1381: Driving Under the Influence

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle.

While there is any drug defined in Section 13-3401 or its metabolite in the person’s body.  If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver’s license as defined in Section 28-3001 and the person has an alcohol concentration of 0.04 or more.  A conviction of DUI is considered a misdemeanor criminal conviction.


ARS 28-1382

Title 28-1382: Driving Under the Influence with a Blood Alcohol Concentration (BAC) of 0.15 or more (Extreme DUI)

It is unlawful for a person to drive or be in actual physical control of a motor vehicle in this state if the person has an alcohol concentration of 0.15 or more within two hours of driving or being in actual physical control of the vehicle. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor. A conviction of Extreme DUI is considered a misdemeanor criminal conviction.

ARS 28-1383

Title 28-1383: Aggravated Driving Under the Influence

A person is guilty of aggravated driving or actual physical control while under the influence of an intoxicating liquor or drugs if the person does any of the following:

Commits a violation of section 28-1381 or28-1382 or this section while the person’s driver license or privilege to drive is cancelled, suspended, revoked or refused while a restriction is placed on the person’s driver license or privilege to drive as a result of violating section 28-1381, 28-1382, or under 28-1385.

Within a period of sixty months (five years) commits a third or subsequent violation of section 28-1381, 28-1382, or this section.

Commits a violation of 28-1381 or 28-1382 while a person of under 15 years of age is in the vehicle.  A conviction of Aggravated DUI is considered a felony conviction.


These are just three of the most common DUI Arizona laws.  They are by no means the only ones related to DUI on the books in Arizona.

Again, if you have been accused of any of these offenses, you should consult an attorney. Arizona laws do change and you want someone current on DUI laws helping you.

You need to have an attorney on your side. An attorney knows the current laws, and has experience in this area. You do not want to go it alone.

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