If you are arrested for DUI in Arizona and your alcohol concentration, either blood or breath, is 0.15 or higher, you are not facing a standard DUI charge. You are facing an extreme DUI, which carries much harsher penalties. This guide explains the difference between a regular DUI and an extreme DUI in Arizona, what penalties you could face, and what you can do to protect yourself.
Quick answer: Extreme DUI vs. Regular DUI • A regular DUI under ARS 28-1381 can be based on impairment or an alcohol concentration of 0.08 or more within two hours of driving. Extreme DUI under ARS 28-1382 applies when your alcohol concentration is 0.15 or higher, with higher penalties at 0.20 or higher. • A first-time regular DUI requires a minimum of one day in jail and approximately $1,250 in fines. A first-time extreme DUI requires a minimum of 9 days in jail and approximately $2,500 in fines. • Arizona also has a super extreme DUI category for alcohol concentration levels of 0.20% or higher, with even steeper penalties. • Both charges are Class 1 misdemeanors, but the mandatory minimums for extreme DUI are significantly higher. |
What Is a Regular DUI in Arizona?
Under ARS 28-1381, it is illegal to drive or be in actual physical control of a vehicle while impaired by alcohol, drugs, or any combination of intoxicating substances. In Arizona, you can be charged with DUI when your alcohol concentration is below 0.08 if you are impaired to the slightest degree.
The standard DUI charge applies when your alcohol concentration is between 0.08 and 0.149 within 2 hours of driving or being in actual physical control of a vehicle. A first-time regular DUI is a Class 1 misdemeanor. The mandatory minimum penalties include:
- 10 days in jail (nine of which the court can suspend if you complete alcohol screening)
- Fines and assessments of approximately $1,250
- 90-day license suspension
- Ignition interlock device on your vehicle for up to 12 months.
What Is an Extreme DUI in Arizona?
An extreme DUI is charged under ARS 28-1382 when your alcohol concentration is 0.15 or higher within two hours of driving or being in actual physical control of a vehicle. Arizona breaks extreme DUI into two tiers.
Extreme DUI (alcohol concentration 0.15 to 0.199)
A first extreme DUI offense requires a minimum of 30 consecutive days in jail. The court can suspend up to 21 of those days if you agree to install an ignition interlock device. Fines and assessments are at least $2,500. Your license will be suspended for 90 days.
Super Extreme DUI (alcohol concentration 0.20 or Higher)
A first super extreme DUI offense requires a minimum of 45 consecutive days in jail. The court can suspend up to 31 of those days with an ignition interlock device. Fines and assessments are at least $2,750. Your license will be suspended for 90 days.
Both tiers are still classified as Class 1 misdemeanors for a first offense. But the mandatory jail time and financial penalties are far more severe than a standard DUI.
Arizona DUI Penalties Compared: Regular vs. Extreme vs. Super Extreme
This table compares the minimum penalties for a first-time DUI conviction at each level. These are mandatory minimums. The court cannot reduce them below these amounts.
Charge | Alcohol Concentration | Minimum Jail | Minimum Fines/Fees | Ignition Interlock Device (IID) |
Regular DUI (ARS 28-1381) | 0.08 – 0.149 | 1 day* | ~$1,250 | Up to 12 months |
Extreme DUI (ARS 28-1382(A)(1)) | 0.15 – 0.199 | 9 days** | ~$2,500 | Up to 12 months |
Super Extreme DUI (ARS 28-1382(A)(2)) | 0.20 or higher | 14 days** | ~$2,750 | Up to 18 months |
*10 days mandated; court may suspend 9 with completion of alcohol screening and classes.
**30 days mandated for extreme DUI; court may suspend 21 with IID installation. 45 days mandated for super extreme; court may suspend 31 with IID.
Arizona ranks as one of the strictest states in the nation for DUI enforcement. The mandatory minimum jail time for a first-time extreme DUI in Arizona, even after suspension, is nine days. Many states impose no mandatory jail time at all for a first DUI offense.
What Defenses Can Be Used Against DUI Charges?
Several defense strategies may apply to DUI charges. An experienced DUI attorney will review the facts of your case to determine which defenses give you the best chance at a reduced charge or dismissal.
Challenging the alcohol concentration result. Breath and blood tests are not perfect. Your attorney can challenge the accuracy of the testing equipment, the calibration records, the way the sample was collected, or the chain of custody. If the alcohol concentration result is suppressed or shown to be unreliable, the DUI charge may not hold.
Challenging the traffic stop. Police officers must have a lawful reason to stop your car, often called reasonable suspicion. If the stop was unlawful, your attorney can file a motion to suppress the evidence that followed.
Negotiating a reduction. In some cases, a defense attorney can negotiate a plea agreement that reduces an extreme DUI charge to a standard DUI. This reduction can mean significantly less jail time and lower fines.
Common Myths About Extreme DUI in Arizona
Myth: An extreme DUI is a felony in Arizona.
Reality: A first-time or second-time extreme DUI is a Class 1 misdemeanor, the same classification as a regular DUI. It becomes a felony only if aggravating factors are present, such as driving on a suspended license, having a child under 15 in the vehicle, or being convicted of a third DUI within 84 months.
Myth: If my alcohol concentration was over 0.15%, there is nothing my attorney can do.
Reality: Alcohol concentration results can be challenged. Testing errors, improper calibration, and breaks in the chain of custody are all valid defenses. Even if the alcohol concentration result stands, an attorney may be able to negotiate a reduction to a standard DUI charge, which carries significantly lower mandatory penalties.
Frequently Asked Questions
Q: Can an extreme DUI be reduced to a regular DUI in Arizona?
A: Yes. If your attorney can challenge the alcohol concentration evidence or present mitigating factors, the prosecution may agree to reduce the charge. Reducing an Extreme DUI to a regular DUI can drop the mandatory jail term from 30 days to 10 days, with only 1 day that must actually be served.
Q: How much does an extreme DUI cost in total in Arizona?
A: The total cost of an extreme DUI extends well beyond the court-imposed fines. When you add up fines, assessments, jail costs, ignition interlock device fees, increased insurance premiums, alcohol screening, and required classes, the total financial impact of a first-time extreme DUI can exceed several thousands of dollars.
Q: Will an extreme DUI show up on a background check?
A: Yes. Criminal convictions for both a standard DUI and an extreme DUI appear on background checks in Arizona. Having a criminal conviction can affect employment, housing, and professional licensing for years after the case is resolved.
Q: Can I get a restricted license after an extreme DUI in Arizona?
A: After completing 45 days of your license revocation period, you may be eligible for a special ignition interlock restricted driver license under ARS 28-1401. This allows you to drive with an ignition interlock device installed while the rest of your suspension period runs.
Q: Does an extreme DUI affect my gun rights in Arizona?
A: A misdemeanor extreme DUI conviction does not affect your gun rights. However, if the charge is elevated to an aggravated (felony) DUI under ARS 28-1383, a conviction would make you a prohibited possessor under ARS 13-3101, and you would lose the right to possess a firearm.
Related Arizona Criminal Defense Guides
Arizona DUI penalties
If you are facing any level of DUI charge, this guide provides a complete overview of Arizona DUI penalties, from standard DUI through aggravated DUI.
Aggravated DUI in Arizona
If you have prior DUI convictions, were driving on a suspended license, or had a child in the vehicle, your charge may be elevated to aggravated DUI under ARS 28-1383, which is a felony.
Vehicular aggravated assault in Arizona
If someone was seriously injured in a DUI-related crash, you could face vehicular aggravated assault charges under ARS 13-1204.
Find the Right Attorney for Your Case
If you have been charged with an extreme DUI or any level of DUI in Arizona, the most important step you can take right now is finding an experienced DUI defense attorney who knows Arizona law. Lawyer Listed connects you with a curated, peer-vetted network of elite criminal defense attorneys, free of charge. Our matching tool analyzes your specific situation and pairs you with the attorney best equipped to handle your case. Get matched with an attorney now.