The DUI Stop
A.R.S. 28-1381 — impaired to the slightest degree, or 0.08 within two hours of driving
To the slightest degree. In Arizona it is unlawful to drive or be in actual physical control of a vehicle while under the influence of liquor, a drug, a toxic vapor or any combination, if impaired to the slightest degree. Being entitled to use the drug is not a defense to that charge.
| The measure | The offense |
|---|---|
| The measureImpaired to the slightest degree | The offenseDUI, a class 1 misdemeanor |
| The measureAlcohol concentration of 0.08 or more within two hours of driving | The offenseDUI |
| The measure0.04 or more in a commercial motor vehicle, a vehicle for hire or as a transportation network company driver | The offenseDUI |
| The measure0.15 or more but less than 0.20 | The offenseExtreme DUI |
| The measure0.20 or more | The offenseExtreme DUI, with higher minimums |
| A first conviction | At least |
|---|---|
| A first convictionDUI | At leastNot less than ten consecutive days in jail, all but one day of which the judge may suspend on completion of court ordered screening, education or treatment; a fine of not less than $250; two additional assessments of $500; an ignition interlock device if liquor was involved |
| A first convictionExtreme DUI, 0.15 or more | At leastNot less than thirty consecutive days in jail and a fine of not less than $250 |
| A first convictionExtreme DUI, 0.20 or more | At leastNot less than forty-five consecutive days in jail and a fine of not less than $500 |
Refusing the test. After an arrest, a driver who refuses, or does not expressly agree to and complete, the test is told that the license will be suspended for twelve months, or for two years for a second or later refusal within eighty-four months.
A written or online request for a hearing has to reach the department within thirty days after the notice, or the suspension becomes final. At arraignment the court tells the defendant that a jury trial may be requested, and grants it if requested.
A person with metabolites of marijuana in the body is guilty under the drug paragraph of the DUI section only if also impaired to the slightest degree. The odor of marijuana does not by itself give reasonable suspicion of a crime, except when an officer is investigating DUI.
Sources for this section (4)
- A.R.S. 28-1381 — Driving or actual physical control while under the influence
- A.R.S. 28-1382 — Driving or actual physical control while under the extreme influence of intoxicating liquor
- A.R.S. 28-1321 — Implied consent; tests; refusal to submit to test; order of suspension; hearing
- A.R.S. 36-2852 — Allowable possession and personal use of marijuana
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.