Bail Questions • Charges and Penalties • Arizona
What Is the Jail Time for DUI in Arizona?
Jail time for a first DUI in Arizona is at least 10 consecutive days, with all but one day suspendable after alcohol screening and treatment.
Quick answer
Jail time for a first DUI in Arizona is at least 10 consecutive days, with all but one day suspendable after alcohol screening and treatment. A second offense within 7 years means at least 90 days, extreme DUI at least 30 days, and aggravated DUI is a felony with prison time.
First and second offense DUI jail time under A.R.S. 28-1381
A.R.S. 28-1381 covers driving with a blood alcohol concentration of 0.08 or more, driving impaired to the slightest degree, or driving with any drug or its metabolite in the body. For a first offense the statute provides at least 10 consecutive days in jail. The court may suspend all but one day if the person completes alcohol screening and any treatment ordered. The statute also provides fines, an ignition interlock requirement, license consequences and screening.
For a second offense within 7 years the statute provides at least 90 days in jail, with 30 of those days served consecutively and part of the remainder suspendable on completing treatment. Some city courts allow part of a sentence to be served through home detention or continuous alcohol monitoring programs. What applies in a specific case is a question for a defense attorney.
Extreme and aggravated DUI: 30 days to felony prison time
A.R.S. 28-1382, extreme DUI, applies at a concentration of 0.15 or higher and provides at least 30 consecutive days in jail. At 0.20 or higher the minimum rises to 45 days. A second extreme DUI within 7 years carries 120 to 180 days. These are misdemeanors, but the jail terms are longer than many people expect.
A.R.S. 28-1383, aggravated DUI, is a felony. It covers a third DUI within 7 years, DUI on a suspended or revoked license, DUI with a child under 15 in the vehicle, and DUI while required to have an ignition interlock. For the suspended-license and third-offense versions the statute provides at least 4 months in state prison, not county jail. Fines, interlock, suspension and screening are added on top. Felony DUI cases are filed in Superior Court.
Bail for a DUI arrest in Maricopa County
Jail time is what a conviction brings. Bail is what gets the person home while the case is pending, and it is set at the initial appearance within 24 hours of arrest. A first-offense misdemeanor DUI is often released on the person's own recognizance or with a low bond. Extreme, repeat and aggravated DUI commonly carry bonds from a few thousand dollars to $25,000 or more, depending on history and whether there was an accident.
When a secured bond is set, the agent confirms the amount and checks for holds, such as a suspended-license warrant, before posting at the 4th Avenue Jail Bond and Fine Room. The premium follows the filed surety rate, typically 10%, so a $10,000 bond costs about $1,000. See DUI bail bonds for the process and the DUI bail guide for amounts.
Need a bond now?
A licensed agent answers any hour, confirms the custody location and bail amount, and posts the bond while you stay home.
Related Questions
Do you go to jail for a first DUI in Arizona?
Yes. A first-offense DUI under A.R.S. 28-1381 carries at least 10 consecutive days in jail, but the court can suspend all but one day when the person completes alcohol screening and treatment. Many first offenders serve that one day plus fines, interlock and screening.
How long is jail for a second DUI in Arizona?
At least 90 days for a second offense within 7 years under A.R.S. 28-1381, with 30 days served consecutively. Part of the remaining time can be suspended on completing treatment. A second extreme DUI within 7 years carries 120 to 180 days under A.R.S. 28-1382.
Is a DUI a felony in Arizona?
Usually not. Standard and extreme DUI are class 1 misdemeanors. DUI becomes aggravated, a felony under A.R.S. 28-1383, for a third offense within 7 years, driving on a suspended license, having a child under 15 in the car, or driving while required to have an interlock.
Can you do home detention instead of jail for a DUI in Arizona?
Some city courts run home detention or continuous alcohol monitoring programs that let part of a DUI sentence be served at home after an initial jail period. Eligibility depends on the court and the offense. A defense attorney can explain what the sentencing court allows.
How much is bail for a DUI in Arizona?
First-offense misdemeanor DUI is often released on own recognizance or a low bond. Extreme, repeat and aggravated DUI bonds commonly run from a few thousand dollars to $25,000. The premium is typically 10% of that amount. Call One Stop Bail Bonds any hour and an agent will walk you through it.