If you have been arrested for DUI in Arizona with a blood alcohol concentration (BAC) above 0.15%, you may be facing far more than a standard misdemeanor charge. Arizona divides its DUI offenses into distinct tiers based on BAC levels, and the difference between an Extreme DUI and a Super Extreme DUI can mean thousands of additional dollars in fines, longer jail sentences, and extended ignition interlock requirements. Understanding which charge applies to your situation is essential for building an effective defense.
If you are facing elevated DUI charges in Arizona, the team at Suzuki Law is ready to help you navigate this process. Call 602-682-5270 today or reach out online to discuss your case.
How Arizona Classifies DUI Charges by BAC Levels
Arizona uses a tiered system that escalates penalties based on your measured BAC at the time of your stop or within two hours of driving. Under A.R.S. § 28-1381, a standard DUI applies when a driver has a BAC of 0.08% or more but less than 0.15%. This baseline charge is a class 1 misdemeanor that carries jail time, fines, and license suspension.
When BAC levels climb above 0.15%, the charges shift to a more severe statute. Under A.R.S. § 28-1382(A)(1), Extreme DUI applies to drivers who have a BAC of 0.15% or more but less than 0.20%. Super Extreme DUI, codified under A.R.S. § 28-1382(A)(2), applies when BAC reaches 0.20% or higher. Each tier carries mandatory minimums with limited judicial discretion.
💡 Pro Tip: Your BAC result is not necessarily final. Breath and blood testing instruments require strict calibration and chain-of-custody procedures. An experienced DUI attorney can review whether law enforcement followed proper protocols, potentially creating grounds to challenge the reading used to determine your charge tier.
Extreme DUI in Arizona: Penalties and Consequences
An Extreme DUI conviction under A.R.S. § 28-1382(A)(1) carries substantially harsher penalties than a standard DUI. For a first offense, you face a mandatory minimum of 30 consecutive days in jail, though the court may suspend all but nine days if you install a certified ignition interlock device for 12 months. Fines and surcharges can total several thousand dollars, and you must complete Traffic Survival School.
Beyond criminal penalties, an Extreme DUI affects your driving record and daily life in lasting ways. All DUI convictions in Arizona add 8 points to your driving record. Your license will be suspended, your vehicle may be impounded, and you will bear IID installation and monthly monitoring costs. For commercial drivers, these consequences can directly threaten your livelihood. To learn more, read our guide on Arizona’s extreme DUI laws.
💡 Pro Tip: Arizona’s MVD administrative suspension runs separately from your criminal case. You have only 30 days after arrest to request a hearing to contest the suspension of your driving privileges. Missing this deadline may result in automatic suspension regardless of your criminal case outcome.
Super Extreme DUI Penalties: Why a BAC of 0.20% Changes Everything
A Super Extreme DUI charge represents the most severe misdemeanor DUI classification in Arizona. For a first offense, the mandatory minimum jail sentence is 45 consecutive days, with escalated fines. The ignition interlock requirement extends to 18 months for a first offense and 24 months for a second offense within seven years.
The practical impact extends well beyond the courtroom. Longer IID requirements mean months of restricted driving, ongoing device costs, and vehicle stigma. Combined with 8 points on your driving record, potential license suspension, and vehicle impoundment, a Super Extreme DUI can disrupt employment, housing applications, and professional licensing for years.
| Extreme DUI (A.R.S. § 28-1382(A)(1)) | Super Extreme DUI (A.R.S. § 28-1382(A)(2)) | |
|---|---|---|
| BAC Threshold | 0.15% to less than 0.20% | 0.20% or higher |
| IID Duration (1st Offense) | 12 months | 18 months |
| IID Duration (2nd within 7 yrs) | 18 months | 24 months |
| Points on Record | 8 points | 8 points |
| Traffic Survival School | Required | Required |
💡 Pro Tip: If you hold a commercial driver’s license (CDL), any DUI conviction, even in a personal vehicle, can trigger CDL disqualification under federal regulations. Early defense strategy tailored to your professional needs is critical.
How a DUI Lawyer in Phoenix Can Challenge Elevated DUI Charges
Facing Extreme or Super Extreme DUI charges does not mean a conviction is inevitable. A skilled defense attorney can identify weaknesses in the prosecution’s case, including questioning whether the initial traffic stop was supported by reasonable suspicion, whether field sobriety tests were administered correctly, and whether breath or blood test results are reliable.
BAC testing accuracy is one of the most significant areas of vulnerability. Breathalyzer machines require regular calibration, and blood samples must follow strict chain-of-custody procedures. If any step was mishandled, the BAC number used to distinguish between Standard, Extreme, and Super Extreme DUI may be subject to suppression or reduction. Even a small reduction in reported BAC could change charge tiers.
Procedural defenses also play a key role. Officers must comply with constitutional requirements from initial stop through booking. If your rights were violated, evidence obtained may be inadmissible. A DUI lawyer in Phoenix can evaluate every detail of your arrest to determine which defenses apply.
Aggravated DUI and the 84-Month Lookback Period
What Makes a DUI “Aggravated” in Arizona
Arizona law treats certain DUI offenses with dramatically increased severity by classifying them as aggravated DUI under A.R.S. § 28-1383. A DUI becomes aggravated if the driver has a third or subsequent DUI conviction within 84 months, was driving on a suspended, revoked, or restricted license from a prior DUI, had a passenger under 15 in the vehicle, or was driving wrong way on a highway. An aggravated DUI is a felony carrying a minimum of four months in the Arizona Department of Corrections, significant fines, and long-term consequences including loss of voting rights and firearm privileges.
How the Lookback Period Affects Your Case
In 2006, Arizona extended the lookback period for repeat DUI offenses from 60 months to 84 months. Any prior DUI conviction within seven years of a new offense can count toward the repeat-offender enhancement. If you have prior DUI convictions, verifying exact dates and dispositions is essential. The difference of even a few months could determine whether you face misdemeanor or felony charges under current Arizona DUI laws.
💡 Pro Tip: Prior DUI convictions from other states may count toward Arizona’s repeat-offender calculations. If you have out-of-state DUI history, ensure your attorney reviews those records to determine how Arizona courts may treat them.
Ignition Interlock Devices and Other Mandatory Consequences for DUI in AZ
Arizona requires mandatory ignition interlock devices for all DUI offenders, not just those convicted of elevated charges. Prior to September 2007, IIDs were required only for Aggravated and Extreme DUI offenders. The law expanded to cover all DUI convictions as a measure to reduce repeat offenses. Duration varies by offense level, ranging from 12 months for first-offense Extreme DUI to 18 or 24 months for Super Extreme DUI.
Broader consequences of any DUI conviction include mandatory jail time, thousands in fines and court fees, license suspension, and vehicle impoundment. These penalties apply across all DUI tiers in addition to IID requirements. The Arizona Department of Transportation’s MVD handles the administrative side of DUI-related suspensions separately from the criminal court process.
💡 Pro Tip: Do not assume that completing your criminal sentence automatically restores driving privileges. You may need to separately satisfy MVD requirements, including SR-22 insurance filings and IID compliance verification, before full license reinstatement.
Why Hiring a DUI Lawyer in Phoenix Matters for Elevated Charges
The stakes in an Extreme or Super Extreme DUI case are too high to leave your defense to chance. Mandatory minimum jail sentences, extended IID requirements, and a permanent criminal record demand a thorough and strategic approach. The facts surrounding your traffic stop, arrest, and BAC testing can significantly affect the outcome.
Working with a Phoenix DUI defense lawyer who understands both criminal and administrative sides of Arizona DUI law can make a meaningful difference. From challenging BAC results to meeting critical MVD deadlines, knowledgeable legal counsel protects your rights at every stage.
Frequently Asked Questions
1. What BAC level triggers an Extreme DUI charge in Arizona?
Under A.R.S. § 28-1382(A)(1), an Extreme DUI applies when a driver has a BAC of 0.15% or more but less than 0.20% within two hours of driving.
2. How is Super Extreme DUI different from Extreme DUI?
Super Extreme DUI under A.R.S. § 28-1382(A)(2) applies when BAC reaches 0.20% or higher. It carries longer mandatory jail time, higher fines, and extended ignition interlock requirements of 18 months for a first offense and 24 months for a second offense within seven years.
3. Can I challenge my BAC results in an Arizona DUI case?
Yes. BAC results from breath and blood tests can be challenged based on calibration errors, improper administration, or chain-of-custody issues. If testing procedures were not followed correctly, results may be suppressed or questioned at trial.
4. What is the lookback period for repeat DUI offenses in Arizona?
Arizona uses an 84-month (seven-year) lookback period. A third or subsequent DUI conviction within that window can result in aggravated DUI charges, which carry felony-level penalties including minimum four months in the Arizona Department of Corrections.
5. Does Arizona require ignition interlock devices for all DUI convictions?
Yes. Since September 2007, Arizona has required mandatory ignition interlock devices for all DUI offenders. Duration depends on offense level, ranging from 12 months for first-offense Extreme DUI to 18 or 24 months for Super Extreme DUI convictions.
Take Action to Protect Your Future After an Arizona DUI Arrest
An Extreme or Super Extreme DUI charge in Arizona carries severe mandatory penalties that can affect your freedom, finances, and future opportunities. Understanding the differences between these charges is important, but acting quickly to build a strong defense is essential. Time-sensitive deadlines, including the 15-day window to request an MVD hearing, make early action critical.
The team at Suzuki Law is prepared to review your case and help you understand your options. Call 602-682-5270 or contact us today to schedule a consultation with a DUI lawyer in Phoenix who can fight for your rights.
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