Smart & Aggressive
attorneys defending you.
click for a free consultation

Drunk Driving Penalties in Arizona: BAC Above .08 Conviction (Part 3 of 6)

Posted on October 25, 2011 in DUI Consequences

Continuing with our series on misdemeanor DUI penalties in Arizona, we will now discuss the minimum penalties for a conviction of the BAC Greater Than .08 Within 2 Hours of Driving Charge under A.R.S. Section 28-1381(A)(2) (commonly referred to as BAC Above .08).

(For a complete discussion of a BAC Above .08 Charge in Arizona, see our previous post First Offense DUI- How Bad Can That Be? (Part 2 of 5)).

The minimum penalties for a first time conviction of a BAC above .08 Charge are the same as for the Impaired to the Slightest Degree Charge: 10 days jail (of which 9 days may be suspended by the Court for various reasons, but you must serve at least 24 hours in jail regardless), fines and fees that usually total about $2,000.00, mandatory alcohol/drugscreening and classes, a 90 day driver’s license suspension (although you may be eligible to a restricted permit for 60 of the days, but regardless, there will be no driving at all for a minimum of 30 days, and an experienced AZ DUI defense attorney can help guide you on this), and, currently, a 12 month mandatory usage of an ignition interlock deviceon your vehicle.

Remember, these are just the minimum Arizona DUI conviction penalties for a first-time BAC above .08 Charge, and the Court may order more. Further, the penalties for a second-time offense conviction are not the same, as they increase substantially.

If you are currently facing a DUI charge of any kind in Arizona, it is often best to contact an experienced Arizona DUI defense attorney to discuss your case and the potential consequences you may face if convicted.

In the meantime, watch for our next blog post, which will explain the minimum penalties for a conviction of a BAC Above .15 charge (commonly known as an Extreme DUI) in Arizona.

Contact Us


  • All fields required *
  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.