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← BackArizona DUI Questions — Answered
Real answers to the most common questions after an Arizona DUI arrest.
Last updated: March 3, 2026
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Key questions after an Arizona DUI: Will I lose my license? (Yes — 90-day suspension, with 30-day hard suspension.) What's an Extreme DUI? (BAC 0.15%+ carries mandatory 30 days jail.) Do I have to go to jail? (Yes — minimum 24 hours for any DUI in Arizona.) What is the shelter rule? (A potential defense if you stopped driving before you drank.)
You have 30 days from the date of your arrest to request a hearing with the MVD to challenge your license suspension. If you miss this window, your license will automatically be suspended 30 days after you receive notice — do not wait.
Arizona's shelter rule can be a defense if you drove while sober but then began drinking after parking and had no intention of driving again. Courts look at whether you were truly "sheltering in place." This is a fact-specific defense that requires an attorney to evaluate properly.
Regular DUI applies at BAC 0.08%+. Extreme DUI applies at BAC 0.15%+ and carries mandatory jail time of at least 30 days, higher fines, and longer ignition interlock requirements. Super Extreme DUI at 0.20%+ carries even heavier mandatory minimums.
Generally no — a standard first-offense DUI is a Class 1 misdemeanor. However, it becomes a Class 4 felony (Aggravated DUI) if you were driving on a suspended license, had a prior DUI within 7 years, had a passenger under 15, or were required to have an ignition interlock.
Yes. A first DUI typically results in a 90-day license suspension, with the first 30 days being a hard suspension (no driving at all). After 30 days you may be eligible for a restricted license with an ignition interlock device.
For a standard first DUI: 12 months of ignition interlock after your license is reinstated. For Extreme DUI: 18 months. For Aggravated (felony) DUI: 24 months. The interlock must be installed on any vehicle you drive.
Total costs for a first-offense DUI typically range from $10,000–$20,000+, including: fines and surcharges ($2,500–$4,500), attorney fees ($3,000–$10,000), jail costs (AZ charges daily incarceration fees), DUI school ($500+), ignition interlock (~$1,500/year), and insurance increase.
Arizona has implied consent laws — refusing a chemical test results in a 12-month license suspension for a first refusal (2 years for second). Refusal can also be used against you in court. You cannot refuse if law enforcement obtains a search warrant for a blood draw.
Yes — Arizona requires a mandatory minimum of 24 hours in jail for a first DUI. For Extreme DUI (BAC 0.15%+), the minimum is 30 days. These minimums cannot be suspended by a judge. In practice, many offenders serve time in a work-release or home detention program.
Arizona does not have traditional expungement, but as of 2023 it allows "set aside" for eligible convictions, which marks your record as set aside without erasing it. A DUI set aside can help with employment and licensing but doesn't remove the conviction from your driving record.