Charged with an Extreme DUI in Arizona? Here’s What You’re Facing
If you’ve been stopped by law enforcement in Phoenix, Scottsdale, Mesa, Tempe, or anywhere else in Arizona and your blood alcohol concentration (BAC) measured 0.15 or higher, you’re not dealing with a standard DUI — you’re facing an Extreme DUI charge. And the penalties hit significantly harder.
Under Arizona Revised Statute 28-1382, an Extreme DUI is broken into two tiers based on your BAC at the time of the test. Understanding exactly what each tier means for your freedom, your finances, and your future is the first step to building a strong defense.
The two tiers of an Extreme DUI in Arizona
| Tier | BAC range | Minimum jail | Minimum fine |
|---|---|---|---|
| Tier 1 | 0.15–0.19 | 30 consecutive days | $250 |
| Tier 2 | 0.20 or above | 45 consecutive days | $500 |
The word “consecutive” is important. You cannot split the jail time or serve it on weekends — it must be served straight through, and you are not eligible for probation or a suspended sentence unless the entire jail term is completed first.
The true cost of an Extreme DUI in Arizona
The fines listed above are just the starting point. When you add mandatory assessments, the total financial exposure grows quickly:
On top of money, the court will also require you to install a certified ignition interlock device (IID) on any vehicle you drive, and ADOT will mandate completion of an approved Traffic Survival School course.
One possible relief valve: the ignition interlock option
Arizona law does offer a narrow exception to the mandatory minimums. At sentencing, a judge may suspend a portion of the jail sentence if you agree to equip your vehicle with an IID for 12 months:
Tier 1 (0.15–0.19 BAC): The judge may suspend all but 9 days of the 30-day minimum.
Tier 2 (0.20+ BAC): The judge may suspend all but 14 days of the 45-day minimum.
If you fail to comply with the IID requirements and are not on probation, the court will issue an order requiring you to serve the remaining jail time.
This option is not automatic — it requires a judge’s approval and compliance with strict IID rules. An experienced Arizona DUI attorney can help you pursue this at sentencing.
What happens if it’s your second Extreme DUI?
If you receive a second Extreme DUI conviction — or any combination of DUI convictions — within 84 months (7 years) of your first offense, the penalties escalate dramatically regardless of which offense came first.
| Tier 1 (0.15–0.19) | Tier 2 (0.20+) | |
|---|---|---|
| Jail time | 120 days (60 consecutive) | 180 days (90 consecutive) |
| Minimum fine | $500 | $1,000 |
| License revocation | At least 1 year | At least 1 year |
| Community service | 30 hours minimum | 30 hours minimum |
| Additional assessments | $2,750+ | $2,750+ |
After serving 45 days of the license revocation period, you may become eligible for a Special Ignition Interlock Restricted Driver License — but this requires meeting additional conditions outlined under ARS 28-1401.
Class 1 misdemeanor — but the impact is felony-level serious
An Extreme DUI in Arizona is classified as a Class 1 misdemeanor, the most serious misdemeanor classification in the state. While it is not a felony, the mandatory jail time, financial penalties, license consequences, and long-term record implications can affect employment, housing, professional licensing, and more across the Phoenix Valley and statewide.
If the incident involved a collision resulting in serious injury or death, the prosecution window extends to two years from when the state discovered — or reasonably should have discovered — the offense.
You have the right to a jury trial
Arizona law requires that at your arraignment, the court must inform you of your right to request a trial by jury — and if you request one, it must be granted. This is a critical right that a skilled DUI defense attorney in Phoenix, Scottsdale, Tempe, Chandler, or Tucson can use strategically on your behalf.
The penalties are severe — but the right defense strategy can make a real difference. Our DUI defense attorneys fight for clients across the Phoenix metro area, Tucson, and throughout Arizona.
This article is for general informational purposes only and does not constitute legal advice. Laws may change; consult a licensed Arizona attorney for advice specific to your situation. Reading this content does not create an attorney-client relationship.
