Understanding Arizona DUI Laws: Extreme DUI ARS 28-1382
Facing Arizona extreme DUI or Arizona super extreme DUI charges can feel overwhelming. The legal system is complex and intimidating, especially when you’re unsure what comes next. Lawyer Listed provides straightforward information about your charges and the possible penalties you face, helping you understand each step of the legal process.
This guide explains everything you need to know about extreme and super extreme DUI under ARS 28-1382. It breaks down the law in plain language, explains the key legal terms, and shows you what sentencing could look like if you are convicted. It also answers common questions people ask about these DUI charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona DUI attorney. If you are charged with DUI Arizona, let Lawyer Listed match you with your ideal Arizona criminal defense lawyer as soon as possible.
What Is Extreme DUI In Arizona?
Arizona DUI laws do not equal Arizona drunk driving laws. Arizona DUI laws are not limited to someone drunk behind the wheel. Under DUI laws in Arizona, you can be charged with driving under the influence if you drive or are in actual physical control of a vehicle in any of these situations:
- While under the influence of alcohol or drugs regardless of your level of impairment.
- With an alcohol concentration of 0.08 or higher within two hours of driving or being in actual physical control of the vehicle. The alcohol must have been consumed before or while you were driving or controlling the vehicle.
- With any illegal drugs or their metabolites in your body.
- While operating a commercial vehicle (like a semi-truck or bus) with an alcohol concentration of 0.04 or higher.
- While driving a vehicle for hire (like a taxi) or working as a rideshare driver (like for Uber or Lyft) with an alcohol concentration of 0.04 or higher.
Elements of Extreme Arizona DUI
Elements of Extreme DUI (28-1382 A1)
To convict you of extreme DUI under this statute, the prosecution must prove three elements beyond a reasonable doubt:
- You drove or were in actual physical control of a vehicle.
- Within 2 hours of driving or being in actual physical control of the vehicle, you had an alcohol concentration of 0.15 or more.
- Your alcohol concentration resulted from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
Elements of Super Extreme DUI (28-1382 A2)
To convict you of super extreme DUI under this statute, the prosecution must prove three elements beyond a reasonable doubt:
- You drove or were in actual physical control of a vehicle.
- Within 2 hours of driving or being in actual physical control of the vehicle, you had an alcohol concentration of 0.20 or more.
- Your alcohol concentration resulted from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
Key Concepts of DUI Arizona
- Motor Vehicle: A device used to carry people or property on a public road. Motor vehicles do not include electric bicycles, electric stand-up scooters, or devices moved by human power.
- Actual Physical Control: Present or imminent control of the vehicle in a way that poses a real danger to yourself or others. When determining actual physical control, the following evidence is considered:
- Was the vehicle running?
- Was the ignition on?
- Where was the ignition key?
- Where were you sitting in the vehicle, and in what position?
- Were you awake or asleep?
- Were the headlights on?
- Where was the vehicle stopped?
- Did you voluntarily pull off the road?
- What time of day was it?
- What were the weather conditions?
- Was the heater or air conditioner running?
- Were the windows up or down?
- Alcohol Concentration: The amount of alcohol in your system. Alcohol concentration is usually measured through blood or breath tests.
Felony DUI Arizona
Misdemeanor DUI charges in Arizona can become felony DUI charges under the following circumstances:
- A third DUI within seven years
- A DUI while your license is suspended, revoked, or restricted
- A DUI with a child under 15 in the car
- A DUI while driving the wrong way on a highway
Arizona Statute of Limitations for ARS DUI
The statute of limitations is the deadline for filing criminal charges after an alleged offense. For misdemeanor DUI, prosecutors generally have up to one year from the date of the alleged offense to bring charges.
Arizona DUI Penalty Chart
Arizona DUI penalties are strict and depend on several factors. These include the specific charge, your criminal history, and the circumstances of your arrest. The Arizona DUI penalty chart below shows the possible consequences for each type of offense.
| 1st Offense | 2nd Offense (within 7 years) | |
|---|---|---|
| Offense | Alcohol concentration 0.08 to 0.14, drugs, or impaired to the slightest degree | Alcohol concentration 0.08 to 0.14, drugs, or impaired to the slightest degree |
| Class | Class 1 misdemeanor | Class 1 misdemeanor |
| Jail (minimum) | 10 days (9 days may be suspended if alcohol or other drug screening, education, or treatment program completed) | 90 days (60 days may be suspended if alcohol or other drug screening, education, or treatment program completed) |
| Probation | Up to 3 years | Up to 3 years |
| DUI Fines in Arizona | $1,250 | $3,000 |
| Community Service | Possible | Mandatory: no less than 30 hours |
| Ignition Interlock | Yes | Yes |
| Other | Traffic survival school | 1 year revocation of driving privileges; traffic survival school |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition:
- Extreme DUI: Driving or being in actual physical control of a vehicle with an alcohol concentration of 0.15 or more, but less than 0.20, within two hours of such driving or actual physical control.
- Super Extreme DUI Arizona: Driving or being in actual physical control of a vehicle with an alcohol concentration of 0.20 or more within two hours of such driving or actual physical control.
- Elements of the Crime:
- Motor Vehicle: Any device used to transport people or property on public roads, excluding electric bicycles, electric standup scooters, and devices moved by human power.
- Actual Physical Control: Present or imminent control of a vehicle in a way that endangers yourself or others. This is determined by looking at all the circumstances together. Factors include whether the vehicle was running, where you were positioned in the vehicle, and other details that show you had control over it.
- Alcohol Concentration: The amount of alcohol in your system.
- Sentencing: Arizona extreme DUI and super extreme DUI are Class 1 misdemeanors with the following possible penalties based on the Arizona DUI penalty chart:
- Extreme DUI in Arizona First Offense: The minimum sentence is 30 days in jail. However, 21 of those days may be suspended if you install a 12‑month ignition interlock device, so you must serve at least 9 days. You will also face a $2,500 fine, possible community restitution, a mandatory ignition interlock device, and required traffic survival school. The court may also order up to 3 years of probation.
- Super Extreme DUI Arizona First Offense: The minimum sentence is 45 days in jail. However, 31 of those days may be suspended if you install a 12‑month ignition interlock device, so you must serve at least 14 days. You will also face a $2,750 fine, possible community restitution, a mandatory ignition interlock device, and required traffic survival school. The court may also order up to 3 years of probation.
- Statute of limitations: The statute of limitations for DUI in Arizona is one year from the date of the offense.
Next Steps:
Arizona DUI laws are among the strictest in the nation, and extreme DUI charges can have serious, life‑changing consequences. Outcomes depend on many factors. Lawyer Listed helps you understand the law, your rights, and what may happen in your case.
If you’re facing charges for extreme or super extreme DUI under ARS 28-1382, engaging a skilled criminal defense attorney is important to protect your rights and manage the process. Don’t try to navigate the legal system alone; match with your ideal Arizona DUI attorney at LawyerListed.com and get an experienced criminal defense lawyer on your side right away.