A.R.S. § 28-1382 — Extreme and Super Extreme DUI

What the statute says

The offense is driving or being in actual physical control of a vehicle with an alcohol concentration of .15 or more within two hours of driving. The statute has two tiers: .15 to under .20, and .20 or more. Both are class 1 misdemeanors, but each tier carries its own mandatory minimum jail term and fine schedule, and the sentencing consequences of the higher tier are close to double.

Penalties

A first extreme DUI carries a minimum of 30 consecutive days in jail; a first super extreme carries a minimum of 45. The statute allows a substantial reduction — to nine days for extreme, fourteen for super extreme — when the person equips their vehicles with a certified ignition interlock device, which is where much of the practical negotiation in these cases happens. Fines and assessments run roughly $2,800 for extreme and $3,200 for super extreme, on top of the 90-day suspension, twelve or more months of interlock, and jail costs. A second offense within 84 months means months of jail and a one-year revocation.

Defenses

Because the charge is defined by a number, the number is the battleground: the calibration and maintenance records of the breath machine, the qualifications of the phlebotomist, the storage and chain of custody of the blood sample, and whether the State can prove the concentration within the two-hour window rather than at some later point. A successful challenge does not necessarily end the case — but knocking the reading below .15, or out of evidence entirely, converts an extreme DUI into a very different case.

The gap between 45 days and 14 days — or between an extreme charge and a regular one — is decided by how the evidence holds up. An experienced Phoenix DUI attorney examines the testing before accepting the number on the police report.