Standard DUI
(A.R.S. 28-1381)

A standard DUI in Arizona is charged when a person drives or is in actual physical control of a vehicle while impaired by alcohol or drugs to the slightest degree, or with a blood alcohol concentration of 0.08 percent or higher. For commercial vehicle drivers, the threshold drops to 0.04 percent. For anyone under 21, Arizona’s zero-tolerance policy means any measurable amount of alcohol can trigger a DUI charge.

 

The phrase “impaired to the slightest degree” is important because it means you can be charged with DUI even if your BAC is below 0.08. If the officer believes, based on their observations, that your ability to drive was impaired to any extent, that alone can support a charge. This is one of the broadest impairment standards in the country and it catches people off guard regularly.

 

We had a client a few years back who blew a 0.07 and assumed the case would be dropped. It was not. The officer’s dashcam showed minor swerving and the prosecutor ran with “impaired to the slightest degree.” It took a full motion to suppress and a contested hearing to resolve that case favorably.

 

A first-offense standard DUI is a Class 1 misdemeanor. The statutory minimums include 10 consecutive days in jail (though 9 may be suspended with completion of alcohol screening), fines and fees starting around $1,250, a 90-day license suspension, mandatory installation of an ignition interlock device for up to 12 months, alcohol screening and education, and up to five years of probation.

 

Actual court costs often exceed these base amounts once mandatory surcharges and assessments are added (typically 15–20% higher).

 

A second standard DUI within 84 months raises the minimums substantially. You are looking at a minimum of 90 days in jail with 60 potentially suspended, fines exceeding $3,500, a one-year license revocation, and extended interlock requirements.