Arizona Extreme DUI: Sentences, Penalties & What You Need to Know (ARS 28-1382)
If you or someone you care about has been arrested for an Extreme DUI anywhere in Arizona — whether in Phoenix, Scottsdale, Tempe, Mesa, Chandler, Glendale, or anywhere else in Maricopa County — it is completely normal to feel overwhelmed. The charges sound serious, and honestly, the consequences can be serious. But knowing exactly what you are facing is the first step toward making smart decisions about your case.
This post walks you through what Arizona law actually says about Extreme DUI under Arizona Revised Statutes § 28-1382 — including the real minimum and maximum penalties for both a first offense and a second offense — in plain English, not legalese.
What Is an “Extreme DUI” in Arizona?
Arizona has three tiers of DUI charges. A standard DUI (ARS 28-1381) covers a BAC of 0.08 or higher. An Extreme DUI (ARS 28-1382) kicks in at a BAC of 0.15 or higher. A Super Extreme DUI also lives within this same statute at a BAC of 0.20 or higher. There is also Aggravated DUI (ARS 28-1383) for felony-level situations.
Under ARS 28-1382, you can be charged with Extreme DUI if your blood alcohol concentration is measured at 0.15 or higher within two hours of driving — and it does not matter whether you consumed the alcohol before you got in the car or while you were already driving.
There are two sub-tiers within the Extreme DUI statute itself:
- Tier 1 (Extreme DUI): BAC of 0.15 or more but less than 0.20
- Tier 2 (Super Extreme DUI): BAC of 0.20 or more
The penalties are noticeably harsher in Tier 2, so I will break them out separately below.
First Offense Extreme DUI Penalties in Arizona
A first-offense Extreme DUI conviction in Arizona carries mandatory minimums — meaning a judge cannot go below these thresholds and there is no probation or suspended sentence unless the full jail term is served. Here is what the law requires:
Jail Time — First Offense
| BAC Level | Mandatory Minimum Jail | Possible Reduction (with Ignition Interlock) |
|---|---|---|
| 0.15 – 0.19 (Extreme DUI) | 30 consecutive days | Down to 9 days if you install an ignition interlock device for 12 months |
| 0.20 or higher (Super Extreme DUI) | 45 consecutive days | Down to 14 days if you install an ignition interlock device for 12 months |
That ignition interlock option (found in subsection I of the statute) is one of the most important things to discuss with your attorney early in the process — it can make a significant practical difference.
Fines & Assessments — First Offense
The financial hit of an Extreme DUI goes well beyond just a fine. Here is the full picture:
- Base fine: Minimum $250 (Tier 1) or $500 (Tier 2)
- DUI Abatement Fund assessment: $250
- Prison Construction & Operations Fund assessment: $1,000
- Public Safety Equipment Fund assessment: $1,000
That puts the minimum total financial exposure at roughly $2,500 (Tier 1) or $2,750 (Tier 2) — before court costs, ignition interlock installation fees, traffic survival school fees, or attorney fees.
Other First-Offense Consequences
- Ignition interlock device: Required on every vehicle you operate (mandatory, not optional)
- Traffic Survival School: You must attend and complete an approved course
- Community restitution: A court may order this (it is discretionary on a first offense)
- Criminal classification: Class 1 misdemeanor — the most serious misdemeanor level in Arizona
- Jury trial right: The court must tell you at arraignment that you have the right to request a jury trial, and if you ask for one, it must be granted
Second Offense Extreme DUI Penalties in Arizona (Within 84 Months)
If you have a prior DUI conviction — under ARS 28-1381, 28-1382, 28-1383, or an equivalent conviction from another state — within 84 months (7 years) of the current offense date, Arizona law treats this as a second offense and the penalties increase substantially. The 84-month window is measured from the date of the offenses, not the conviction dates.
Jail Time — Second Offense
| BAC Level | Total Jail Sentence | Consecutive (Must Be Served) |
|---|---|---|
| 0.15 – 0.19 (Extreme DUI) | Minimum 120 days | At least 60 days served consecutively |
| 0.20 or higher (Super Extreme DUI) | Minimum 180 days | At least 90 days served consecutively |
No probation or suspended sentence is available unless the entire sentence has been completed.
Fines & Assessments — Second Offense
- Base fine: Minimum $500 (Tier 1) or $1,000 (Tier 2)
- DUI Abatement Fund assessment: $250
- Prison Construction & Operations Fund assessment: $1,250
- Public Safety Equipment Fund assessment: $1,250
The minimum total financial exposure rises to approximately $3,250 (Tier 1) or $3,750 (Tier 2) on a second offense — again, before associated costs.
Other Second-Offense Consequences
- Driver’s license revocation: At least one year — not just a suspension, but a full revocation
- Ignition interlock device: Mandatory on every vehicle you operate after reinstatement
- Community restitution: At least 30 hours — mandatory, not discretionary
- Traffic Survival School: Required
- Special Ignition Interlock Restricted License: After completing 45 days of the revocation period, you may be eligible for a restricted license (section 28-1401)
Quick-Reference Summary: First vs. Second Offense
| Penalty | 1st Offense (0.15–0.19) | 1st Offense (0.20+) | 2nd Offense (0.15–0.19) | 2nd Offense (0.20+) |
|---|---|---|---|---|
| Minimum Jail | 30 days (or 9 w/ IID) | 45 days (or 14 w/ IID) | 120 days (60 consecutive) | 180 days (90 consecutive) |
| Minimum Fine | $250 | $500 | $500 | $1,000 |
| Min. Total Fines + Assessments | ~$2,500 | ~$2,750 | ~$3,250 | ~$3,750 |
| License | IID required | IID required | Revoked ≥1 year + IID | Revoked ≥1 year + IID |
| Community Restitution | May be ordered | May be ordered | ≥30 hours (mandatory) | ≥30 hours (mandatory) |
| Criminal Class | Class 1 Misdemeanor | Class 1 Misdemeanor | Class 1 Misdemeanor | Class 1 Misdemeanor |
What Does “Maximum” Sentence Look Like?
The statute sets mandatory minimums, but it does not cap the jail time the court may impose. As a Class 1 misdemeanor in Arizona, the maximum possible jail sentence is 6 months (180 days) — which happens to align with the minimum for a second-offense Super Extreme DUI. Courts can also layer additional fines, longer ignition interlock periods, and extended community restitution on top of the statutory minimums. This is one reason why having skilled legal representation matters: the difference between a minimum sentence and a maximum sentence can be enormous.
A Note on the Prosecution Timeline
There is one lesser-known provision worth knowing: if your Extreme DUI case involves a collision that caused serious physical injury or death, prosecutors have up to two years from actual discovery of the offense to bring charges. This is longer than a typical misdemeanor window and means charges can surface well after the incident date.
Facing an Extreme DUI Charge in Arizona? Here Is What To Do.
The numbers above are daunting, but they represent what happens at conviction — not necessarily what has to happen in your case. An experienced Arizona DUI defense attorney will look at every aspect of your situation: how the stop was conducted, whether the breath or blood test was properly administered, whether the testing equipment was calibrated correctly, and much more. In many cases there are real defenses available, or at minimum, opportunities to negotiate a better outcome.
I’m Gordon Thompson, and I have been handling DUI and criminal cases for 47 years. I represent clients throughout Maricopa County — including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, Surprise, and surrounding communities — as well as parts of Pinal County and Northern Arizona.
I offer:
- Free phone or video consultations
- All-inclusive flat fees with no hidden costs
- Affordable payment plans
- Encrypted, HIPAA-level client communication
- Personalized attention — you deal directly with me, not a paralegal
If you have been charged with an Extreme DUI anywhere in Arizona, do not wait. Call or text me today at (602) 467-3680 for your free consultation.
A better outcome than you think may be possible.
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws can change; always consult a licensed Arizona attorney about your specific situation.
