Tempe | Scottsdale | Phoenix DUI Law - Penalties
| First Offense | |||
| REGULAR | EXTREME DUI | SUPER EXTREME | AGGRAVATED DUI (Felony) |
| Impaired to the slightest degree or BAC of .08 to .14 | BAC of .150 to .19 within 2 hours of driving | BAC of .20 or higher within 2 hours of driving | 1. Commits DUI while driving privileges suspended, cancelled, revoked or refused for any reason 2. Commits DUI while person under 15 years is in the vehicle |
| 10-180 days in Jail (Court has discretion to suspend 9 days in Jail upon completion of alcohol abuse screening and completion of all treatment recommended by the screening agency); Up to 5 years Probation | 30-180 days in Jail (Court has authority to suspend Jail time); Up to 5 years Probation | 45-180 days in Jail (Court has NO authority to suspend Jail time); Up to 5 years Probation | Minimum 4 months - Maximum 3.75 years Prison term for reasons 1 above; Maximum 2 years for reason 2 above. |
| Fines $250-$2,500 + Court surcharges (currently 84%) | Fines $250-$2,500 + Court surcharges (currently 84%) | Fines $500-$2,500 + Court surcharges (currently 84%) | Fines $750-$150,000 + Court surcharges (currently 84%) |
| In addition to the above penalties, the Court can order Community Service | In addition to the above penalties, the Court can order Community Service | In addition to the above penalties, the Court can order Community Service | Possible Community Service |
| Mandatory $500 Prison Fund and $500 General Fund | Mandatory $1,000 Prison Fund, $1,000 General Fund and $250 DUI Abatement Fee | Mandatory $1,000 Prison Fund, $1,000 General Fund and $250 DUI Abatement Fee | Mandatory $1,500 Prison Fund, $1,500 General Fund and $250 DUI Abatement Fee |
| Requires installation of Ignition Interlock Device for a minimum of 12 months following suspension and Defendant is responsible for costs and fees associated with installation and maintenance | Requires installation of Ignition Interlock Device for a minimum of 12 months following suspension and Defendant is responsible for costs and fees associated with installation and maintenance | Requires installation of Ignition Interlock Device for a minimum of 12 months following suspension and Defendant is responsible for costs and fees associated with installation and maintenance | Requires installation of Ignition Interlock Device for a minimum of 12 months following suspension and Defendant is responsible for costs and fees associated with installation and maintenance |
| Court and/or MVD license suspension of 90 days | Court and/or MVD license suspension of 90 days | License Revocation (18 months) | License Revocation (3 years) |
| Defendant is required to pay all Jail costs, typically $70 per day | Defendant is required to pay all Jail costs, typically $70 per day | Defendant is required to pay all Jail costs, typically $70 per day | Other costs & fees and surcharges |
| Court has the discretion to order alcohol monitoring (30 days or more if ordered) | Court has the discretion to order alcohol monitoring (30 days or more if ordered) | Court has the discretion to order alcohol monitoring (30 days or more if ordered) | |
| Second or Subsequent Offense | |||
| REGULAR | EXTREME DUI | SUPER EXTREME | AGGRAVATED DUI (Felony) |
| Impaired to the slightest degree or BAC of .08 to .14 and prior Regular or Extreme DUI within 7 Years | BAC of .15 to .19 within 2 hours of driving and prior Regular or Extreme DUI within 7 years | BAC of .20 or higher within 2 hours of driving and a prior Regular or Extreme DUI within 7 years | 1. Commits DUI while driving privileges restricted as a result of a prior DUI 2. Commits third DUI within 84 months 3. While required to maintain Ignition Interlock Device refuses to submit to blood, breath or urine test or commits DUI |
| 90-180 days in Jail (Court has discretion to suspend up to 60 days in Jail upon completion of alcohol abuse screening and completion of all treatment recommended by the screening agency)/Up to 5 years Probation | 120-180 days in Jail (Court has NO authority to suspend Jail time)/Up to 5 years Probation | 180 days in Jail (Court has NO authority to suspend Jail time)/Up to 5 years Probation | Minimum 4 months - Maximum 3.75 years Prison term for reasons 1 and 2 above or DUI while required to equip vehicle with Ignition Interlock Device/Maximum 2 years on other Felony DUI's |
| Fines $250-$2,500 + Court surcharges (currently 84%) | Fines $500-$2,500 + Court surcharges (currently 84%) | Fines $1,000-$2,500 + Court surcharges (currently 84%) | Fines $750-$150,000 + Court surcharges (currently 84%) |
| Mandatory 30 hours of Community Service | Mandatory 30 hours of Community Service | Mandatory 30 hours of Community Service | Possible Community Service |
| Mandatory $1,250 Prison Fund, $1,250 General Fund and $250 DUI Abatement Fee | Mandatory $1,250 Prison Fund, $1,250 General Fund and $250 DUI Abatement Fee | Mandatory $1,250 Prison Fund, $1,250 General Fund and $250 DUI Abatement Fee | Mandatory $1,500 Prison Fund, $1,500 General Fund and $250 DUI Abatement Fee |
| Requires installation of Ignition Interlock Device for a minimum of 12 months following revocation and Defendant is responsible for costs and fees associated with installation and maintenance | Requires installation of Ignition Interlock Device for a minimum of 12 months following revocation and Defendant is responsible for costs and fees associated with installation and maintenance | Requires installation of Ignition Interlock Device for a minimum of 12 months following revocation and Defendant is responsible for costs and fees associated with installation and maintenance | Requires installation of Ignition Interlock Device for a minimum of 12 months following suspension and Defendant is responsible for costs and fees associated with installation and maintenance |
| License Revocation (1 year) | License Revocation (1 year) | License Revocation (2 years) | License Revocation (3 years) |
| Defendant is required to pay all Jail costs, typically $70 per day | Defendant is required to pay all Jail costs, typically $70 per day | Defendant is required to pay all Jail costs, typically $70 per day | Other costs & fees and surcharges |
| Court has the discretion to order alcohol monitoring (30 days or more if ordered) | Court has the discretion to order alcohol monitoring (30 days or more if ordered) | Court has the discretion to order alcohol monitoring (30 days or more if ordered) | |
