Comprehensive Arizona DUI Information
Arizona Extreme DIU
If you are driving with a BAC of 0.150 or more, you can be charged with extreme DUI in Arizona.
This charge may stand alone, or it may be levied against you in combination with other Arizona DUI charges.
ARS 28-1382.
Driving or actual physical control while under the extreme influence of
intoxicating liquor; trial by jury; sentencing; classification.
Statute text
A. It is unlawful for a person to drive or be in actual physical control
of a 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 and the alcohol concentration results from
alcohol consumed either before or while driving or being in actual
physical control of the vehicle.
B. 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.
C. At the arraignment, the court shall inform the defendant that the
defendant may request a trial by jury and that the request, if made,
shall be granted.
D. A person who is convicted of a violation of this section:
1. Shall be sentenced to serve not less than thirty consecutive days in
jail and is not eligible for probation or suspension of execution of
sentence unless the entire sentence is served.
2. Shall pay a fine of not less than two hundred fifty dollars. The fine
prescribed in this paragraph and any assessments, restitution and
incarceration costs shall be paid before the assessment prescribed in
paragraph 3 of this subsection.
3. Shall pay an additional assessment of two hundred fifty dollars. If
the conviction occurred in the superior court or a justice court, the
court shall transmit the monies received pursuant to this paragraph to
the county treasurer. If the conviction occurred in a municipal court,
the court shall transmit the monies received pursuant to this paragraph
to the city treasurer. The city or county treasurer shall transmit the
monies received to the state treasurer. The state treasurer shall
deposit the monies received in the driving under the influence abatement
fund established by section 28-1304.
4. May be ordered by a court to perform community service.
5. Shall be required by the department, on receipt of the report of
conviction, to equip any motor vehicle the person operates with a
certified ignition interlock device pursuant to section 28-3319. In
addition, the court may order the person to equip any motor vehicle the
person operates with a certified ignition interlock device for more than
twelve months beginning on the conclusion of the license suspension or
revocation or on the date of conviction, whichever occurs later. The
person who operates a motor vehicle with a certified ignition interlock
device under this paragraph shall comply with Article 5 of this chapter.
E. Notwithstanding Subsection D, paragraph 1 of this section, at the
time of sentencing the judge may suspend all but ten days of the
sentence if the person completes a court ordered alcohol or other drug
screening, education or treatment program. If the person fails to
complete the court ordered alcohol or other drug screening, education or
treatment program and has not been placed on probation, the court shall
issue an order to show cause to the defendant as to why the remaining
jail sentence should not be served.
F. If within a period of sixty months a person is convicted of a second
violation of this section or is convicted of a violation of this section
and has previously been convicted of a violation of section 28-1381 or
28-1383 or an act in another jurisdiction that if committed in this
state would be a violation of this section or section 28-1381 or
28-1383, the person:
1. Shall be sentenced to serve not less than one hundred twenty days in
jail, sixty days of which shall be served consecutively, and is not
eligible for probation or suspension of execution of sentence unless the
entire sentence has been served.
2. Shall pay a fine of not less than five hundred dollars. The fine
prescribed in this paragraph and any assessments, restitution and
incarceration costs shall be paid before the assessment prescribed in
paragraph 3 of this subsection.
3. Shall pay an additional assessment of two hundred fifty dollars. If
the conviction occurred in the superior court or a justice court, the
court shall transmit the monies received pursuant to this paragraph to
the county treasurer. If the conviction occurred in a municipal court,
the court shall transmit the monies received pursuant to this paragraph
to the city treasurer. The city or county treasurer shall transmit the
monies received to the state treasurer. The state treasurer shall
deposit the monies received in the driving under the influence abatement
fund established by section 28-1304.
4. May be ordered by a court to perform community service.
5. Shall have the person's driving privilege revoked for at least one
year. The court shall report the conviction to the department. On
receipt of the report, the department shall revoke the person's driving
privilege and shall require the person to equip any motor vehicle the
person operates with a certified ignition interlock device pursuant to
section 28-3319. In addition, the court may order the person to equip
any motor vehicle the person operates with a certified ignition
interlock device for more than twelve months beginning on the conclusion
of the license suspension or revocation or on the date of conviction,
whichever is later. The person who operates a motor vehicle with a
certified ignition interlock device under this paragraph shall comply
with Article 5 of this chapter.
G. Notwithstanding Subsection F, paragraph 1 of this section, at the
time of sentencing, the judge may suspend all but sixty days of the
sentence if the person completes a court ordered alcohol or other drug
screening, education or treatment program. If the person fails to
complete the court ordered alcohol or other drug screening, education or
treatment program and has not been placed on probation, the court shall
issue an order to show cause as to why the remaining jail sentence
should not be served.
H. In applying the sixty month provision of Subsection F of this
section, the dates of the commission of the offense shall be the
determining factor, irrespective of the sequence in which the offenses
were committed.
I. A second violation for which a conviction occurs as provided in this
section shall not include a conviction for an offense arising out of the
same series of acts.
J. A person who is convicted of a violation of this section is guilty of
a class 1 misdemeanor.