Arizona DUI/DWI Laws: Penalties, Court Process, and Records

Driving under the influence (DUI) and driving while intoxicated (DWI) are among the most serious traffic crimes in the U.S., but the methods of prosecution vary by state. Arizona is known as having one of the strictest laws for DUI convictions or impaired driving.

Unlike certain states that use both terms, DUI and DWI, Arizona law applies only the term "DUI" to refer to all forms of impairment. Here, we explore DUI definitions, penalties, court processes, record accessibility, and duration of record retention for DUI in Arizona.

What Is a DUI in Arizona?

Under Arizona Revised Statutes §28-1381, DUI is defined as operating or being in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination of substances. Arizona enforces strict DUI laws by categorizing offenses into different tiers based on blood alcohol concentration (BAC) levels.

• Standard DUI: This applies to a BAC level of 0.08% or higher (0.04% for commercial drivers, 0.00% for drivers under 21).
• Extreme DUI: This is charged at a BAC level of 0.15% or higher.
• Super Extreme DUI: This is when a driver has a BAC level of 0.20% or higher.
• Drug DUI: Driving under the influence of marijuana (without a valid medical prescription) or illegal drugs, or being impaired while taking prescription medications.

Arizona also enforces a zero-tolerance policy for under-21 drivers. This signifies that any detectable amount of alcohol in their system may result in DUI charges.

DUI Penalties in Arizona

Arizona imposes harsh penalties for first-time offenders as well and requires ignition interlock devices (IID) after a person has been convicted.

• Standard DUI (First Offense):
  • This is categorized as a Class 1 felony, and a violation may lead to at least 10 consecutive days in jail. (It may be reduced to 9 days, and individuals who have completed an alcohol screening and treatment program may be released.)
  • It is punishable by a minimum fine payment of $1,250
  • It results in a license suspension of up to 90 days
  • Arizona law enforces a mandatory 12-month IID period for first-time offenders.
  • Individuals convicted of a DUI crime are required to attend a mandatory alcohol education or treatment program
• Standard DUI (Second Offense):
  • It carries a minimum sentence of 90 days in jail (the sentence may be suspended after serving 30 consecutive days)
  • Offenders are subject to paying a minimum fine of $3,000
  • Arizona law is strict and imposes a 1-year license revocation for standard DUI offenders
  • It is mandatory under Arizona law for drivers to install the ignition interlock device (IID) to monitor driving
  • A convict may qualify for probation and community service
• Extreme DUI (BAC ≥ 0.15%):
  • First Offense: An individual is sentenced to a minimum of 30 days in jail and payment of $2,500 in fines
  • Second Offense: Offenders face a minimum of 120 days in jail and $3,250 in fines
• Super Extreme DUI (BAC ≥ 0.20%):
  • First Offense: It is required for offenders to serve a minimum sentence of 45 days in jail and pay $2,750 in fines
  • Second Offense: It results in a minimum jail term of 180 days and $3,750 in fines
• Aggravated DUI (Felony): This charge applies when a driver:
  • Commits a DUI offense while driving with a suspended or revoked license
  • Commits three DUIs within 7 years
  • Commits DUI crime with a passenger under the age of 15
  • Refuses a BAC test under Arizona's implied consent laws
• Penalties include serving up to 2 years in prison, long-term license revocation, and extended use of an ignition interlock device (IID).

DUI Arrest and Court Process in Arizona

In Arizona, the DUI process is strict and starts with a traffic stop when law enforcement officers have probable cause. After field sobriety testing and chemical analysis (blood, urine, breath) confirm impairment, a driver may be placed under arrest.

The court process typically follows this order:

1. Arrest and Booking—The driver is taken into custody. Furthermore, fingerprints and mugshots are obtained to record the arrest.
2. Initial Appearance—A judge reads the charges to the defendant and may set bail or release conditions.
3. Arraignment—The defendant enters a plea, and the case proceeds from this point.
4. Pre-Trial Hearings and Motions—Defense and prosecution may file motions that challenge the evidence of breath analysis or negotiate a plea deal.
5. Trial—If unresolved, the case may go into trial, where the prosecution is required to prove that the defendant was impaired while driving.
6. Sentencing—Upon conviction, the judge imposes penalties based on Arizona’s mandatory minimum sentences.

Arizona does not allow diversion programs to avoid a criminal conviction which enables treatment programs. This reflects the state’s zero-tolerance approach to DUI offenses. However, plea bargaining is sometimes possible, reducing charges to reckless driving or a lesser offense in rare cases.

How to Search for DUI Records in Arizona

DUI records are part of public records in Arizona, and individuals may access them via:

• Arizona Judicial Branch (Public Access Case Lookup Portal): This is a free electronic portal that provides access to case information, including DUI charges, outcomes, and sentencing.
• Arizona Department of Transportation (ADOT) Motor Vehicle Division: This institution maintains official driving records statewide. DUI convictions, license suspensions, and IID orders are available on their website or at their office. Also, drivers may request their records in person or online.
• County Clerk of Court: For certified copies of DUI case records, individuals may request copies in person or by mail.
• Third-Party Background Check Services: These platforms aggregate DUI records from various sources, although the accuracy and reliability of these records vary.

Information available on an Arizona DUI record often includes blood alcohol concentration level, case disposition, fines, jail term, and license suspension status.

How Long Does a DUI Stay on Your Record in Arizona?

Arizona enforces stringent regulations regarding the duration of DUI convictions on a person's record:

• Criminal Record: A DUI conviction stays permanently on an individual’s criminal history. Arizona does not allow the expungement of DUI convictions; nevertheless, under its recent legislation, individuals may request a record set-aside. This does notremove the conviction from the record but establishes a successful rehabilitation of the offender
• Driving Record: DUI convictions remain visible on an individual’s driving record for 7 years. They are also considered in sentencing decisions for any repeat offenses committed within that same 7-year timeframe.
• Insurance and Employment: A DUI may impact insurance rates for 3 to 5 years according to Arizona law, and conviction records are visible to employers conducting background checks on an individual.

Arizona is one of the states with the strictest rules regarding DUI offenses in the United States. It imposes mandatory jail sentences, heavy fines, and ignition interlock requirements for the least serious offender. It establishes a distinction between standard, extreme, and super extreme DUI levels, with escalating punishments that are determined by the gravity of the offense. Public DUI records are accessible online through the Arizona courts portal and ADOT, and convictions remain permanently on a criminal record. With no options for expungements, understanding Arizona’s DUI laws and their long-term consequences are crucial for drivers, employers, and legal researchers.