Penalties For A First And Second Dui Under Ars 28-1381

In the state of Arizona, the primary DUI statute is called ARS 28-1381. It states that it is illegal for a person to drive or be in control of a vehicle under four different circumstances. The most common scenario for a DUI is when a driver is accused of being “under the influence of intoxicating liquor, any drug, a vapor releasing substance,” specifically if their blog alcohol content (BAC) is 0.08 percent or higher. There are many consequences of a DUI under Arizona law, and if you receive a second DUI, those consequences worsen.


For first-time offenders, the consequences of a DUI may be unfamiliar and intimidating. The first thing to know is how the state of Arizona classifies a DUI. According to ARS 28-1381, a DUI is typically treated as a class 1 misdemeanor. The penalties for the misdemeanor depend on the defendant’s criminal history; the potential consequences are more severe for repeat convictions.

There are several penalties a driver can face in Arizona. If you get pulled over and your BAC exceeds the legal limit, you lose access to your license on the spot. From there, you may spend up to 10 consecutive days in jail and face fines of at least $1,250. However, if you complete alcohol screening, education, or treatment, the mandatory prison time may be suspended. You will also be ordered to complete community service and equip your vehicle with a certified ignition interlock device for at least a year.


The penalties for a second DUI in Arizona become much more severe if a driver is arrested within 84 months of their first DUI. Arizona counts DUI charges in other states, so if you got a DUI in another state with similar laws before getting one in Arizona, the court system would count that as a prior.

The minimum jail time for a second DUI jumps from 10 days to 90 and the minimum fine for a second offense is $3,000. For a second offense, there is an automatic license suspension for a minimum of twelve months. The offender must complete a minimum of 30 hours of community service and must also complete and pass a traffic survival school course. While a few stipulations under ARS 28-1381 may limit the number of days in jail or the period of a suspended license, the consequences listed above are the standard for second-time offenders.


Arizona is known for being the state with the harshest DUI laws. Those charged with a DUI face severe consequences and need aggressive legal representation to protect their rights. If you need a lawyer to fight for you in court, call Grand Canyon Law Group today to speak with one of our experienced DUI lawyers. We can explain the potential penalties for a first or second DUI under ARS 28-1381 and work to prevent them.