A New Arizona Law Widens Who Can Provide DUI Treatment
Last updated August 31, 2026 · Reviewed by James E. Novak
A new Arizona law taking effect on September 12, 2026 changes which professionals can deliver the treatment that lets a judge reduce a first DUI sentence from 10 days in jail to one. House Bill 2573 was signed on June 4, 2026 and amends six sections of the state’s DUI code, including the definition that controls who qualifies as a treatment provider.
Under A.R.S. § 28-1381(J), a judge may suspend all but one day of the mandatory 10-day sentence for a first DUI if the defendant completes court-ordered screening, education, evidence-based psychotherapy, or a treatment program. James E. Novak has defended first-offense Arizona DUI charges in Maricopa County for more than 20 years, and I have watched the psychotherapy option go mostly unused, because until now the statute recognized exactly one kind of provider.
What Arizona’s One-Day DUI Sentence Requires
A first violation of § 28-1381 is a class 1 misdemeanor, and subsection (I) sets the sentence at not less than 10 consecutive days in jail, with no probation or suspended sentence unless the whole term is served. Subsection (J) is the relief valve. It operates notwithstanding that minimum and lets the sentencing judge suspend all but one day where the defendant completes the program the court orders.
The practical floor on a first Arizona DUI is therefore one day, not 10, for a defendant who completes what the court requires. Subsection (J) also carries the consequence of failing to finish. Where the person does not complete the ordered program and has not been placed on probation, the court issues an order to show cause as to why the remaining jail sentence should not be served, which means the suspended nine days remain available to the court for the life of the case.
Who Counts as a Provider on September 12
Evidence-based psychotherapy is psychotherapy provided by a professional the statute recognizes by license type, and that list of recognized professionals is what House Bill 2573 rewrites. The current version recognizes psychotherapy offered by a psychologist licensed under title 32, chapter 19.1, and no one else. A defendant whose existing mental health care came from a psychiatrist or a nurse practitioner could not count that treatment toward the statute, whatever its quality.
From September 12 the definition covers three categories: a licensed psychologist, a behavioral health professional licensed under title 32, chapter 33, and any title 32 health professional whose scope of practice authorizes them to provide psychotherapy independently. The third category names psychiatric nurse practitioners, psychiatric physician assistants, and psychiatrists explicitly. For a client already under psychiatric care, that is the difference between starting over with a new provider and having existing treatment recognized.
My office has handled first-offense cases where a client was already in ongoing treatment that the statute simply did not count. The misdemeanor DUI process in the East Valley courts moves quickly enough that a client who has to find a qualifying provider from scratch can run out of calendar before sentencing.
The Same Change Reaches the Ignition Interlock Clock
House Bill 2573 also amends A.R.S. § 28-3319(F), which sets when the interlock requirement begins. That subsection currently starts the clock when the driver completes the required screening, education, or treatment program and is otherwise eligible to reinstate driving privileges. The amendment adds evidence-based psychotherapy to that list.
The effect is easy to miss and worth understanding. The ignition interlock device period does not begin at conviction. It begins when the qualifying program is finished, so the same completion that unlocks the one-day sentence under § 28-1381(J) is what starts the interlock running. Widening the provider list moves both dates at once.
What to Do Before September 12
The change is prospective, and cases sentenced before September 12 are governed by the current definition. A few steps are worth taking now:
- Identify the provider early. Confirm the license type and the title 32 chapter it sits under, since that is what the amended definition turns on.
- Ask about existing care. Treatment already underway with a psychiatrist or psychiatric nurse practitioner may count from September 12 forward.
- Raise timing at sentencing. Where a sentencing date sits near the effective date, which definition applies is a question worth putting to the court rather than assuming.
- Keep the completion documentation. The program has to report completion, and a gap in that reporting looks the same as noncompliance.
Common Questions About Arizona’s DUI Treatment Change
Does This Eliminate Jail on a First Arizona DUI?
No. A.R.S. § 28-1381(J) permits a judge to suspend all but one day of the 10-day minimum, so one day remains. The statute makes the reduction available rather than automatic, and it is conditioned on completing the program the court orders.
Does the New Definition Apply to a Case Sentenced in August 2026?
The amended definition takes effect September 12, 2026, which is the general effective date for bills passed in the 2026 regular session. A case sentenced before that date is governed by the current definition, which recognizes only a licensed psychologist.
Does an Extreme DUI Conviction Get the Same One-Day Option?
No. Section 28-1381(J) applies to sentences under § 28-1381. An extreme DUI is sentenced under A.R.S. § 28-1382, which carries its own minimum of 30 consecutive days and its own separate reduction provision requiring a 12-month ignition interlock.
Talk to a Maricopa County DUI Attorney About Your Sentencing Options
Sentencing options on a first DUI are decided in a narrow window, and the treatment provider a client chooses can determine whether the one-day sentence is available at all. The Law Office of James E. Novak handles first-offense DUI cases in the Tempe, Mesa, Chandler, and Scottsdale courts, and I offer a free initial consultation, available 24 hours a day. Call (480) 413-1499 or use the Tempe DUI defense contact page to reach my office.
