Understanding Your Charges

Arizona DUI Charge Types

Arizona has some of the strictest DUI laws in the nation. Understanding exactly what you are charged with is the first step in building your defense. Below are the main types of DUI charges under Arizona law.

ARS 28-1381(A)(1) — Impaired to the Slightest Degree

This is the most common DUI charge in Arizona. Under this statute, it is illegal to drive or be in actual physical control of a vehicle while impaired to the slightest degree by alcohol, drugs, or any combination.

Key Points:

• No specific BAC level is required — the prosecution only needs to show you were impaired “to the slightest degree”
• This charge can be based entirely on the officer’s observations and field sobriety tests
• Even prescription medications can lead to this charge if they affect your ability to drive

Common Defenses: Challenging officer observations, questioning field sobriety test administration, alternative explanations for physical symptoms (fatigue, medical conditions, nerves).

ARS 28-1381(A)(2) — DUI with BAC .08 or More

This is a “per se” DUI charge, meaning the prosecution only needs to prove your BAC was at or above .08 within two hours of driving. No proof of actual impairment is needed.

Key Points:

• Based on chemical test results (breath or blood)
• The test must be administered within two hours of driving
• Both breath and blood tests have known error rates and potential issues

Common Defenses: Rising blood alcohol defense, testing equipment errors, improper calibration, mouth alcohol contamination, fermentation issues in blood samples.

ARS 28-1382 — Extreme DUI (BAC .15-.199)

An Extreme DUI is charged when a driver’s BAC is at or above .15 but below .20. This carries significantly enhanced penalties compared to a standard DUI.

Penalties Include: Minimum 30 days in jail (consecutive), higher fines, longer license suspension, mandatory ignition interlock device, and alcohol screening/treatment.

ARS 28-1382 — Super Extreme DUI (BAC .20+)

A Super Extreme DUI is charged when a driver’s BAC is .20 or above. This is the most serious misdemeanor DUI charge.

Penalties Include: Minimum 45 days in jail (consecutive), highest fines, extended license revocation, mandatory ignition interlock for 18+ months, and mandatory substance abuse treatment.

ARS 28-1383 — Aggravated DUI (Felony)

Certain circumstances can elevate a DUI from a misdemeanor to a felony Aggravated DUI:

• Driving on a suspended, revoked, or canceled license
• Third DUI offense within 84 months (7 years)
• DUI with a passenger under 15 years of age
• Committing a DUI while required by the court or MVD to have a certified ignition interlock device on your vehicle
• Driving the wrong way on a highway while under the influence

Penalties: Aggravated DUI is a Class 4 or Class 6 felony, carrying potential prison time, felony record, and all enhanced DUI penalties.