Quick answer

Not completely, if you are convicted. A standard first DUI in Arizona carries at least 10 consecutive days in jail, but the judge can suspend all but one day once you complete court-ordered alcohol or drug screening, education or treatment. That one day must be served in jail. Extreme and super extreme DUIs carry more mandatory time. The way to avoid jail entirely is to avoid a DUI conviction, through a dismissal, an acquittal, or a plea to a different charge.

Is Jail Mandatory for a First DUI in Arizona?

Yes, for a conviction. Arizona’s standard DUI statute says a person convicted under it “shall be sentenced to serve not less than ten consecutive days in jail” and is not eligible for probation or a suspended sentence unless the entire sentence is served (A.R.S. § 28-1381(I)). The judge does not have discretion to skip jail on a DUI conviction.

What the judge does have is the power to suspend most of those days. That is why a standard first DUI conviction can mean as little as one day in jail, not ten. Arizona law also lets cities and counties set up home detention and continuous alcohol monitoring programs that count as jail time for part of a sentence.

An arrest is not a conviction. Nothing in this article applies until you plead guilty or are found guilty. Many first-time DUI cases have issues worth examining: the reason for the stop, how field sobriety tests were given, and how the breath or blood sample was collected and tested.

How Much Jail Comes With Each Type of First DUI?

The minimum depends on the type of DUI. These are first-offense numbers for people with no DUI conviction in the past 84 months. A second DUI within 84 months carries much longer mandatory terms (see second and third DUI penalties).

First-offense chargeMandatory jailWhat the judge may suspend
Standard DUI, impaired to the slightest degree or 0.08 or more (§ 28-1381)10 consecutive daysAll but 1 day, if you complete court-ordered alcohol or drug screening, education or treatment (§ 28-1381(J))
Extreme DUI, 0.15 to under 0.20 (§ 28-1382(A)(1))30 consecutive daysAll but 9 days, if you install a certified ignition interlock for 12 months (§ 28-1382(I))
Super extreme DUI, 0.20 or more (§ 28-1382(A)(2))45 consecutive daysAll but 14 days, if you install a certified ignition interlock for 12 months (§ 28-1382(I))
Aggravated (felony) DUI (§ 28-1383)A felony with different rules, including possible prison. This article does not cover it.

A standard DUI conviction also brings fines and assessments that total well over $1,000, a required ignition interlock, and traffic survival school. Drug DUIs under § 28-1381(A)(3) carry the same minimum jail as alcohol DUIs.

How Do Jail Days Get Suspended?

Every person convicted of DUI must complete alcohol or other drug screening at an approved facility. The screener may recommend education or treatment on top of that (A.R.S. § 28-1387(B)).

  • Standard first DUI: at sentencing, the judge may suspend all but one of the 10 days if you complete the court-ordered screening, education or treatment. If you do not finish it, the court issues an order to show cause why you should not serve the remaining days (§ 28-1381(J)).
  • Extreme or super extreme first DUI: the reduction is tied to the ignition interlock, not to classes. The judge may suspend all but 9 days (extreme) or all but 14 days (super extreme) if you equip your vehicle with a certified interlock for 12 months (§ 28-1382(I)).

“May” matters. These reductions are allowed, not guaranteed, and the judge decides at sentencing. Ask your lawyer whether to finish screening and any classes before sentencing and bring proof.

Does time spent in custody after the arrest count?

Arizona law credits time actually spent in custody on an offense before sentencing against the jail term (A.R.S. § 13-712(B)). Whether the hours you spent booked after your arrest cover the one required day depends on how long you were held and how the court calculates it.

Can I Do Home Detention or Alcohol Monitoring Instead of Jail?

Possibly, for part of the sentence, but only if the court that sentences you has an approved program. State law lets a city or town (A.R.S. § 9-499.07(L)-(M)) or a county (A.R.S. § 11-251.15(H)-(I)) create a DUI home detention program and a continuous alcohol monitoring program. Time in an approved program is treated the same as jail. These programs are optional, so availability varies from court to court.

What the state statutes require

  • Jail first. On a standard first DUI you must serve at least one day in jail before home detention or monitoring. On an extreme or super extreme DUI you must first serve at least 20 percent of the initial jail term (§ 9-499.07(N); § 11-251.15(J)).
  • Who is excluded. People found to be a risk to themselves or the community, people with a history of violent behavior, and people the sentencing judge says are not eligible (§ 9-499.07(B)).
  • Home detention rules. Electronic monitoring at home, alcohol or drug testing at least once a day, and participation in an approved alcohol or drug program. You stay home except for approved purposes such as work (§ 9-499.07(N)-(O)).
  • You pay. Participants generally pay the costs of monitoring and testing plus $30 a month, unless the court finds they cannot afford it.
  • It can be revoked. Leaving home without permission or failing treatment can send you back to jail to finish the term (§ 9-499.07(P)).

Why the court that has your case matters

A DUI can be filed in a city municipal court, a county justice court, or superior court, and each runs its own programs. For example, the City of Phoenix has adopted a home detention and continuous alcohol monitoring ordinance for its municipal court (Phoenix City Code § 2-100). It requires one day in jail first, or 20 percent of the initial term for extreme or repeat DUIs, and full payment of monitoring costs plus $30. Other cities and justice courts in Maricopa, Pinal and Yavapai counties may have different programs, different extra eligibility rules, or none at all.

On a standard first DUI, home detention usually matters less than people expect: if the judge suspends nine days, only one day is left, and that day must be served in jail. Home detention and monitoring matter most on extreme and super extreme DUIs, where 9 or 14 days remain after the interlock reduction.

Can I Keep Working While Serving DUI Jail Time?

Often, yes. After you serve 24 consecutive hours on a standard first DUI (or 48 consecutive hours on an extreme, super extreme, or second DUI), the court must allow you to leave jail for work or school for up to 12 hours a day, six days a week, if you are employed or a student and can continue. The court can deny this only for good cause stated on the record (A.R.S. § 28-1387(C)). You must return to jail for the remaining hours.

Bring proof of your job or school schedule to sentencing. The jail or court may have its own paperwork and fees for work release.

How Can You Avoid DUI Jail Entirely?

The mandatory minimum applies only to a DUI conviction. The paths that avoid it are the paths that avoid that conviction:

  • Dismissal. If the stop was unlawful, the arrest lacked probable cause, or the breath or blood evidence is unreliable or was obtained improperly, a motion may lead to suppressed evidence or a dismissal.
  • Acquittal. You have the right to a jury trial on a DUI charge (§ 28-1381(F)). The State must prove every element beyond a reasonable doubt.
  • A plea to a non-DUI charge. In some cases the prosecutor agrees to a plea to a different offense, such as reckless driving (A.R.S. § 28-693). A first reckless driving conviction is a class 2 misdemeanor with no DUI mandatory jail. Whether that offer is available depends on the evidence and the prosecutor.

None of these outcomes can be promised. They depend on the facts, the evidence, and the prosecutor. A careful review of the police report, video, and lab records is the starting point.

Arrested for a first DUI? Talk with a lawyer before your first court date. Available 24/7.

Call (602) 888-8020

What Should I Do Now to Reduce My Jail Exposure?

  • Watch your MVD deadline. The license suspension is a separate track with its own short deadline. Read our guide to Arizona DUI license suspensions and the MVD hearing.
  • Ask about early screening. Completing alcohol or drug screening and any recommended classes before sentencing can support the request to suspend jail days. Your lawyer can tell you when to start.
  • Gather work or school proof for a work release request.
  • Find out which court has your case, so you know whether home detention or monitoring is an option there.
  • Avoid any new arrest while the case is pending. A second DUI within 84 months carries far longer mandatory jail.

Guardian Law Group defends DUI cases in Maricopa, Yavapai and Pinal counties and in non-tribal courts across Arizona. Start with our Arizona DUI defense overview.

Phoenix criminal defense attorney Christian Lueders reviewing a case with two clients at the Guardian Law Group office

Why Talk With Guardian Law Group?

A former prosecutor’s view of the State’s case

Before defending clients, Christian M. Lueders served as a Maricopa County felony prosecutor. He knows how DUI cases are built: the stop, the field tests, the breath or blood test, and the lab records behind it.

Careful, trial-ready preparation

Before any plea discussion, the evidence gets reviewed for problems with the stop, the arrest, and the testing. If the case goes forward, the goal is the least jail and the fewest consequences the law allows.

Clear answers about what comes next

You should know what the mandatory minimum is for your charge, which days can be suspended, and whether your court offers home detention or monitoring. Read what clients say about Guardian Law Group.

Questions About Jail for a First DUI in Arizona

Short answers to common questions. Every case is different, so use these as a starting point for a conversation with a lawyer.

Is jail mandatory for a first DUI in Arizona?

Yes, on a conviction. A standard first DUI carries at least 10 consecutive days in jail, and the judge may suspend all but one day if you complete court-ordered alcohol or drug screening, education or treatment (A.R.S. § 28-1381(I)-(J)).

How many days in jail for a first extreme DUI in Arizona?

At least 30 consecutive days for 0.15 to under 0.20, and 45 days for 0.20 or more. The judge may suspend all but 9 days (extreme) or 14 days (super extreme) if you install a certified ignition interlock for 12 months (A.R.S. § 28-1382(D), (I)).

Can I serve my DUI jail time on house arrest?

Sometimes, for part of it, if your court has an approved home detention or continuous alcohol monitoring program. You must serve at least one day in jail first on a standard DUI, or 20 percent of the initial term on an extreme DUI. Programs vary by city and county (A.R.S. § 9-499.07; § 11-251.15).

Can I go to work while serving DUI jail?

Usually. After 24 consecutive hours on a standard first DUI, or 48 on an extreme DUI, the court must allow work or school release of up to 12 hours a day, six days a week, unless it finds good cause not to (A.R.S. § 28-1387(C)).

Can a first DUI be reduced to reckless driving in Arizona?

Sometimes. It depends on the evidence and the prosecutor, and it is never automatic. A reckless driving conviction does not carry DUI mandatory jail, but it has its own penalties.