Are DUI Laws Too Harsh in Arizona?

Ryan W. Cummings | September 22, 2025

Categories: Brother at Law, DUI

At R&R Law Group, one of the most common questions we hear is: Are Arizona DUI laws too harsh?

The short answer? Yes, they are strict.

Arizona is known for having some of the toughest DUI penalties in the country, with mandatory minimum jail sentences and steep fines, even for first-time offenders. While these laws are designed to deter dangerous behavior, many believe they don’t leave enough room for discretion or rehabilitation.


Why Arizona DUI Laws Feel Harsh

Unlike some states that offer diversion programs for first-time DUI offenders, Arizona does not. That means even someone with no criminal history who made a one-time mistake will still face a permanent mark on their record. We believe many first-time DUI cases could be better handled with a diversion program that focuses on education and rehabilitation rather than punishment.
Unfortunately, Arizona law takes a mandatory approach. Judges and prosecutors have little room to consider unique circumstances or offer alternatives. That lack of flexibility often makes the penalties feel harsher than necessary.

Breaking Down Arizona DUI Penalties

Arizona DUI penalties vary depending on your blood alcohol concentration (BAC) at the time of arrest.

Here’s a simplified breakdown:

  • Standard DUI (0.08 – 0.149 BAC)
    • Minimum 10 days in jail (9 days can be suspended)
    • One day must be served in jail
    • Fines, fees, and mandatory ignition interlock device
  • Extreme DUI (0.15 – 0.199 BAC)
    • 30 days in jail (21 can be suspended with ignition interlock)
    • In practice: 2 days in jail + 7 days on home detention
    • Interlock device required
  • Super Extreme DUI (0.20 BAC and above)
    • 45 days in jail (31 can be suspended with interlock)
    • In practice: 3 days in jail + 11 days on home detention

While no one wants to spend time in jail, the availability of home detention has made penalties somewhat more manageable compared to the past, when full sentences often had to be served behind bars.

Repeat Offenses: Where Arizona Gets Really Tough

If you’re convicted of a second DUI within 84 months, penalties increase dramatically:

  • Standard DUI → 90 days in jail
  • Extreme DUI → 120 days in jail
  • Super Extreme DUI → 180 days in jail

A third DUI becomes a felony offense, which means at least four months in prison with no work release and no early suspension options.
This is where Arizona law is undeniably severe. The state takes repeat DUI offenses very seriously, and penalties are designed to be life-altering.

Are Arizona DUI Laws Fair?

When compared to other states, Arizona falls in the middle. Some states have harsher mandatory minimums, while others offer more leniency through diversion programs. Our main concern is that Arizona’s lack of discretion leaves no room for individual circumstances. For many first-time offenders, a DUI is a wake-up call, they learn from the experience and never re-offend. In those cases, harsh penalties may do more harm than good, potentially costing someone their job, housing, or future opportunities.

What To Do If You’re Facing a DUI in Arizona

If you’ve been charged with a DUI, you don’t have to face it alone. An experienced defense attorney can help you understand your options, protect your rights, and work toward the best possible outcome in your case. You don’t have to navigate this process alone. An experienced attorney can help you through this situation with your loved one.  At R&R Law Group, we offer free case evaluations to help you understand your legal rights and options, schedule now or give us a call at (602) 497-3088.
If you find yourself in this situation, reach out to our office for assistance.
At R&R Law Group, we believe in second chances. If you or someone you know has been arrested for DUI in Arizona, call our office today. We’ll guide you through the process and build the strongest defense possible.

 

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