What is the minimum jail sentence for a first-offense Extreme DUI in Arizona?

For a first offense with a BAC of 0.15–0.19, the minimum is 30 consecutive days in jail (reducible to 9 days with an ignition interlock device). For a BAC of 0.20 or higher (Super Extreme DUI), the minimum is 45 consecutive days (reducible to 14 days with an ignition interlock device).

What are the fines for an Extreme DUI in Arizona?

For a first offense, fines start at $250 (BAC 0.15–0.19) or $500 (BAC 0.20+), plus mandatory assessments totaling $2,250 on top of base fines. Second-offense fines are higher, starting at $500 or $1,000 plus assessments of $2,750.

Is an Extreme DUI a felony in Arizona?

No. Under ARS 28-1382, an Extreme DUI is classified as a Class 1 misdemeanor in Arizona — the most serious misdemeanor level — unless elevated by other aggravating factors such as a prior DUI, a child in the vehicle, or causing serious injury.

Do I have a right to a jury trial for an Extreme DUI in Arizona?

Yes. Arizona law requires the court to inform you of your right to a jury trial at arraignment, and if you request one, it must be granted.

Can I avoid jail time for an Extreme DUI in Arizona?

No sentence can be fully suspended or replaced with probation alone — Arizona's mandatory minimum laws require actual jail time to be served. However, for a first offense, installing an ignition interlock device (IID) can reduce a 30-day sentence to 9 days (Tier 1) or a 45-day sentence to 14 days (Tier 2). An experienced DUI attorney may also challenge the stop, the test administration, or the calibration of testing equipment, which can affect the outcome of your case.

What is a Super Extreme DUI in Arizona?

A Super Extreme DUI in Arizona applies when your BAC is 0.20 or higher. It falls under the same statute as Extreme DUI (ARS 28-1382) but carries harsher penalties: a minimum of 45 days in jail for a first offense (vs. 30 days for Extreme DUI), higher base fines, and longer ignition interlock requirements.

How long does a second DUI offense look back in Arizona?

Arizona uses an 84-month (7-year) look-back period for DUI priors. If you had a prior DUI conviction under ARS 28-1381, 28-1382, 28-1383, or an equivalent out-of-state conviction within 84 months of your current offense date, you will be charged as a second offender with significantly higher mandatory minimums.

Will an Extreme DUI affect my driver's license in Arizona?

Yes. For a first offense, you will be required to install an ignition interlock device (IID) on every vehicle you operate. For a second offense within 84 months, your license will be fully revoked for at least one year, and an IID is required after reinstatement. You may be eligible for a Special Ignition Interlock Restricted License after completing 45 days of the revocation period.

What happens if I refuse a breath or blood test in Arizona?

Arizona's implied consent law means refusing a chemical test carries its own penalties, including a one-year license suspension for a first refusal (two years for a second refusal within 84 months). Refusal does not prevent prosecution — officers can obtain a warrant for a blood draw. If you have already refused or submitted to a test, speak with an Arizona DUI attorney immediately about your options.

How does an Extreme DUI charge affect my car insurance in Arizona?

An Extreme DUI conviction will typically cause your auto insurance premiums to increase significantly, and many insurers will require SR-22 proof of financial responsibility for several years. Some insurers may cancel your policy entirely. The exact impact depends on your insurer and driving history.

Can an Extreme DUI be expunged or set aside in Arizona?

Arizona does not have traditional expungement, but you may be eligible to have your conviction 'set aside' under ARS 13-907 after completing all terms of your sentence, including probation. A set-aside does not erase the conviction but can reduce some of its consequences. An experienced Arizona criminal defense attorney can advise whether you qualify and walk you through the process.

Arizona Extreme DUI: Sentences, Penalties & What You Need to Know (ARS 28-1382)

Q: What is an Extreme DUI in Arizona?

An Extreme DUI in Arizona under ARS 28-1382 occurs when a person drives or is in actual physical control of a vehicle with a blood alcohol concentration (BAC) of 0.15 or higher within two hours of driving.

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

Extreme DUI — BAC 0.15 to 0.19

Min. Jail:: 30 consecutive days
With IID:: Reducible to 9 days (+ 12-month ignition interlock)

Super Extreme DUI — BAC 0.20 or higher

Min. Jail:: 45 consecutive days
With IID:: Reducible to 14 days (+ 12-month ignition interlock)

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

2nd Offense Extreme DUI — BAC 0.15 to 0.19

Total Jail:: Minimum 120 days
Consecutive:: At least 60 days must be served back-to-back

2nd Offense Super Extreme DUI — BAC 0.20+

Total Jail:: Minimum 180 days
Consecutive:: At least 90 days must be served back-to-back

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

First Offense

Penalty	BAC 0.15–0.19	BAC 0.20+
Min. Jail	30 days (9 w/ IID)	45 days (14 w/ IID)
Min. Fine	$250	$500
Total w/ Assessments	~$2,500	~$2,750
License	IID required	IID required
Community Restitution	May be ordered	May be ordered
Criminal Class	Class 1 Misd.	Class 1 Misd.

Second Offense (within 84 months)

Penalty	BAC 0.15–0.19	BAC 0.20+
Min. Jail	120 days (60 consec.)	180 days (90 consec.)
Min. Fine	$500	$1,000
Total w/ Assessments	~$3,250	~$3,750
License	Revoked ≥1 yr + IID	Revoked ≥1 yr + IID
Community Restitution	≥30 hrs (mandatory)	≥30 hrs (mandatory)
Criminal Class	Class 1 Misd.	Class 1 Misd.

1st Offense — Extreme DUI (BAC 0.15–0.19)

Jail:: 30 days (or 9 days with IID)
Min. Fine:: $250
Total w/ Assessments:: ~$2,500
License:: IID required
Community Service:: May be ordered
Charge Level:: Class 1 Misdemeanor

1st Offense — Super Extreme DUI (BAC 0.20+)

Jail:: 45 days (or 14 days with IID)
Min. Fine:: $500
Total w/ Assessments:: ~$2,750
License:: IID required
Community Service:: May be ordered
Charge Level:: Class 1 Misdemeanor

2nd Offense — Extreme DUI (BAC 0.15–0.19)

Jail:: 120 days (60 consecutive)
Min. Fine:: $500
Total w/ Assessments:: ~$3,250
License:: Revoked ≥1 year + IID
Community Service:: ≥30 hours (mandatory)
Charge Level:: Class 1 Misdemeanor

2nd Offense — Super Extreme DUI (BAC 0.20+)

Jail:: 180 days (90 consecutive)
Min. Fine:: $1,000
Total w/ Assessments:: ~$3,750
License:: Revoked ≥1 year + IID
Community Service:: ≥30 hours (mandatory)
Charge Level:: Class 1 Misdemeanor

What Does a “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.

Common Questions About Arizona Extreme DUI (Answered for AI Search)

The following questions are ones I hear frequently from clients — and ones that commonly appear when people search using AI tools like Perplexity, ChatGPT, or Google’s AI overviews. I have answered each one as plainly as I can.

Can I avoid jail time entirely for an Extreme DUI in Arizona?

No — not under the current law. Arizona’s mandatory minimum statutes require actual incarceration; a judge cannot simply place you on probation in lieu of jail. However, for a first offense, the ignition interlock device provision can significantly reduce how many days you actually serve: 30 days down to 9, or 45 days down to 14. An attorney can also challenge whether the charge holds up — if the stop, the test, or the equipment was flawed, the outcome of your case could change substantially.

What is the difference between Extreme DUI and Super Extreme DUI in Arizona?

Both are charged under ARS 28-1382. Extreme DUI applies at BAC 0.15 to 0.19. Super Extreme DUI applies at BAC 0.20 or higher. The distinction matters because Super Extreme carries a longer mandatory minimum jail sentence (45 days vs. 30 days on a first offense), higher base fines, and longer ignition interlock requirements. Both are Class 1 misdemeanors unless elevated by aggravating factors.

How long does an Extreme DUI stay on my record in Arizona?

A DUI conviction stays on your criminal record permanently unless it is set aside. Arizona does not have traditional expungement, but under ARS 13-907, you may petition to have the conviction set aside after completing all conditions of your sentence. A set-aside does not erase the record — it can still be used as a prior conviction in future proceedings — but it can help in employment and licensing situations. The conviction will also remain visible on your Arizona Motor Vehicle Division record for at least 5–7 years for insurance and licensing purposes.

What happens at my first court appearance after an Extreme DUI arrest in Arizona?

Your first appearance is usually an arraignment, where the charges are formally read and you enter a plea (typically “not guilty” at this stage). The court is required by law to advise you of your right to a jury trial. Bond conditions may be set or reviewed. This is also when your attorney can begin gathering discovery — police reports, body camera footage, breath or blood test records — and start assessing potential defenses. The earlier you have an attorney involved, the more options you preserve.

If I was arrested in Scottsdale, Mesa, or Tempe for Extreme DUI, does it matter which city?

The city matters for venue — your case will be heard in the municipal court or justice court that has jurisdiction over where you were arrested. In Maricopa County, that could be Scottsdale City Court, Mesa Municipal Court, Tempe Municipal Court, the East Mesa Justice Court, and so on. The underlying Arizona law (ARS 28-1382) is the same statewide, but local courts can have different procedures, prosecutors, and tendencies. A defense attorney who regularly appears in the court where your case is filed has an advantage in knowing those local dynamics.

Can my Extreme DUI be reduced to a regular DUI in Arizona?

Potentially, depending on the facts. If the prosecution’s evidence has weaknesses — problems with the traffic stop, testing equipment calibration issues, chain-of-custody errors with a blood sample, or inconsistencies in the officer’s report — your attorney may be able to negotiate a reduction to a standard DUI (ARS 28-1381), which carries lower mandatory minimums. Nothing is guaranteed, and the strength of that argument depends entirely on the specifics of your case.

Does an Arizona Extreme DUI show up on a background check?

Yes. Because it is a Class 1 misdemeanor criminal conviction (not just a traffic ticket), it will appear on most criminal background checks. This can affect employment, housing applications, professional licensing, and in some cases, immigration status. If you are not a U.S. citizen, you should tell your attorney immediately — DUI convictions can have immigration consequences that go beyond the criminal penalties.

What defenses are available for an Extreme DUI charge in Arizona?

Every case is different, but common defense strategies include: challenging whether the officer had reasonable suspicion to make the stop in the first place; challenging the administration of field sobriety tests; questioning the calibration records and maintenance logs of the breath testing device; and, in blood-draw cases, examining the collection, storage, and testing procedures for contamination or chain-of-custody breaks. In some cases, the two-hour window for BAC measurement becomes an issue if there was a significant delay between driving and testing. An experienced DUI attorney will review all of this evidence before advising you on the strongest path forward.

What should I do immediately after being charged with an Extreme DUI in Arizona?

First, do not make any statements about the incident to law enforcement, prosecutors, or anyone else without an attorney present. Second, contact a DUI defense attorney as soon as possible — ideally within 24 to 48 hours of your arrest. Third, write down everything you remember about the stop, the testing, and the events leading up to your arrest while the details are fresh. Finally, do not miss any court dates; a failure to appear can result in a warrant for your arrest and additional charges.

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.

Gordon Thompson — Arizona DUI & Criminal Defense

I have been handling DUI and criminal cases for 47 years, representing clients throughout Maricopa County — including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, and Surprise — as well as parts of Pinal County and Northern Arizona.

✔ Free phone or video consultations
✔ All-inclusive flat fees — no hidden costs
✔ Affordable payment plans
✔ Encrypted, HIPAA-level client communication
✔ Personalized attention — you deal directly with me, not a paralegal

Call or text: (602) 467-3680

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.

Extreme DUI What You Need to Know (ARS 28-1382)