Extreme DUI Lawyer in Arizona — Cut Mandatory Jail & Protect Your License
Extreme DUI Lawyer Arizona: ARS 28-1382 makes a .15–.199 BAC an “Extreme” DUI and .20+ a “Super Extreme,” with mandatory jail, license consequences, and ignition interlock. Our Tempe-based defense team appears in Arizona municipal and justice courts statewide and challenges testing, stops, and MVD actions immediately.
Arizona Extreme DUI laws and penalty overview
Arizona’s Extreme DUI statute, ARS 28-1382, creates enhanced misdemeanor offenses based on alcohol concentration within two hours of driving or actual physical control. A .15–.199 BAC is charged under ARS 28-1382(A)(1) (Extreme). A .20 or higher BAC is charged under ARS 28-1382(A)(2) (commonly called Super Extreme). These are prosecuted in limited-jurisdiction courts such as Tempe Municipal Court, Scottsdale City Court, Mesa Municipal Court, and Maricopa County Justice Courts, following Arizona Rules of Criminal Procedure and local court practices.
Convictions carry statutory minimum jail terms, fines and surcharges set by ARS 28-1382, alcohol screening and treatment under ARS 28-3319, and ignition interlock requirements under ARS 28-1461. Separate from the criminal case, the Arizona MVD may impose an administrative suspension under ARS 28-1385 (90-day admin per se if alcohol concentration is .08+ or .15+, depending on the record) or under ARS 28-1321 for a refusal (12 or 24 months). Cases with license suspensions from prior DUIs, child passengers, or suspended licenses may be refiled as felonies under ARS 28-1383, making an early consultation about an Aggravated DUI exposure essential.
| Offense | BAC within 2 hours (ARS 28-1382) | Mandatory Jail (minimums) | License & MVD | Ignition Interlock | Classification |
|---|---|---|---|---|---|
| Extreme DUI (First offense) | .15–.199 | 30 consecutive days (ARS 28-1382(D)(1)); some courts allow reduction upon compliance and interlock per statute | Admin per se 90 days (ARS 28-1385) plus court-ordered consequences | Generally required; duration per ARS 28-1461 and MVD rules | Class 1 misdemeanor (max 6 months, ARS 13-707) |
| Super Extreme DUI (First offense) | .20+ | 45 consecutive days (ARS 28-1382(E)); potential reduction with statutory eligibility and interlock | Admin per se 90 days (ARS 28-1385) | Generally required; duration per ARS 28-1461 and MVD rules | Class 1 misdemeanor |
| Extreme DUI (Second offense within 84 months) | .15–.199 | 120 days (ARS 28-1382(G)) | Longer MVD actions; refusal triggers 12–24 months (ARS 28-1321) | Interlock required (ARS 28-1461) | Class 1 misdemeanor |
| Super Extreme DUI (Second offense within 84 months) | .20+ | 180 days (ARS 28-1382(H)) | Enhanced MVD actions per ARS 28-1385 & 28-1321 | Interlock required (ARS 28-1461) | Class 1 misdemeanor |
All Extreme and Super Extreme DUIs require alcohol screening/treatment (ARS 28-3319). Maximum probation for a class 1 misdemeanor is 3 years (ARS 13-902), and additional assessments are mandated by statute and local court fee schedules. In some jurisdictions (e.g., Maricopa County), sheriff-administered home detention or continuous alcohol monitoring may be available post-booking by court order, subject to county and city policies.
Many Extreme DUI cases also include civil or criminal traffic counts such as failure to maintain lane (ARS 28-729) or criminal speeding (ARS 28-701.02). Collateral charges can affect plea options and eligibility for diversion-like dispositions. When speed allegations are involved, coordinated defenses with a criminal speeding lawyer can influence overall sentencing exposure in Arizona municipal and justice courts.
If your BAC allegation is below .15, the per se charge typically proceeds under ARS 28-1381(A)(2). Our DUI Lawyer hub outlines those elements. If the State alleges license suspension, child passengers, or third+ offenses, review our Aggravated DUI Attorney page for felony implications under ARS 28-1383. When cases involve broader criminal allegations, coordinating strategies with a seasoned criminal defense lawyer becomes pivotal.
Firm and statute quick facts
Oliverson Law DUI & Criminal Defense is located at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We appear throughout Arizona, including Phoenix Municipal Court, Tempe Municipal Court, Scottsdale City Court, Mesa Municipal Court, Glendale City Court, and Maricopa, Pinal, Mohave, and Yavapai County justice courts.
Arizona Extreme DUI process after arrest
Arrest, Testing, and Implied Consent (ARS 28-1321)
After an Extreme DUI stop in Arizona, officers typically perform SFSTs under NHTSA guidelines and collect breath or blood. A refusal triggers a 12–24 month MVD suspension (ARS 28-1321). Blood draws often proceed by telephonic or e-warrant before an Arizona magistrate under Rule 41, Ariz. R. Crim. P., with samples analyzed under Arizona Department of Health Services protocols.
MVD Admin Per Se: 15-Day Deadline (ARS 28-1385)
Most Extreme DUI arrests generate an admin per se or implied consent action. You have 15 days to request a hearing at the Executive Hearing Office in Phoenix (ARS 28-1385; ARS 28-1321). The hearing examines reasonable grounds, the alcohol concentration, and compliance with testing rules. A timely request can secure a temporary driving permit pending the decision.
Arraignment and Disclosure in Arizona Courts
Criminal cases proceed in the Arizona court with jurisdiction over the stop (e.g., Tempe Municipal Court for a Tempe arrest). At arraignment, the court advises of the right to jury trial in DUI cases (see ARS 28-1381). The State must disclose evidence under Rule 15, Ariz. R. Crim. P. Defense motions to suppress or preclude often rely on Fourth Amendment and Article 2, § 8 of the Arizona Constitution.
Negotiation, Trial, and Sentencing
Arizona misdemeanor DUI trials are jury-eligible in city and justice courts. Bench or jury trials test two-hour BAC proof, driving or actual physical control, and the reliability of ADHS-approved testing. Sentences are governed by ARS 28-1382, with jail terms administered by county sheriffs (e.g., Maricopa County Sheriff’s Office) and potential court-authorized home detention depending on local programs.
Call Oliverson Law DUI & Criminal Defense in Tempe for immediate representation statewide. We move fast on MVD hearings, testing challenges, and bond conditions.
Defense strategies for ARS 28-1382 cases
When charges include related criminal counts, integrated defense planning is essential. For example, criminal-speed allegations under ARS 28-701.02 can affect plea terms and sentencing exposure. Our team coordinates DUI defenses with traffic-crime strategies available through our criminal speeding lawyer resource and trial approaches outlined in our criminal defense lawyer hub.
Attorney backgrounds that matter in Arizona courts
Derek Oliverson, Founder of Oliverson Law DUI & Criminal Defense, brings a multi-perspective view to Arizona DUI litigation. He earned a B.S. in Criminal Justice, magna cum laude, from Southern Utah University and a J.D. with a litigation concentration from Creighton University School of Law. Admitted to the State Bar of Arizona in October 2009, his career progressed from police officer in Henderson, Nevada, to prosecutor with the Mohave County Attorney’s Office, to magistrate judge in the Page Magistrate Court (handling 3,000+ cases per year), then judge at Glendale City Court beginning in 2012 (a court processing 40,000+ cases annually). He left the bench in 2014 and founded the firm in 2016. That experience translates to focused litigation in Tempe Municipal Court, Scottsdale City Court, Mesa Municipal Court, Glendale City Court, and county justice courts, with deep familiarity in how Arizona judges evaluate ARS 28-1382 evidence and impose mandatory terms.
David Tangren graduated from the University of Arizona James E. Rogers College of Law, where he served as Note and Comment Editor for the International and Comparative Law Journal. As a former prosecutor with the Pima County Attorney’s Office, he worked from misdemeanors through the felony trial team, including the Property and Narcotics Bureau. That background equips him to parse disclosure from Arizona crime labs, evaluate probable cause for warrants, and spot when an Extreme DUI charge might escalate into an aggravated DUI under ARS 28-1383. His practice in Pima County and statewide informs defense strategies tailored to Arizona’s municipal and justice court procedures.
From MVD hearings at the Executive Hearing Office in Phoenix to motion practice under Arizona Rules of Criminal Procedure in Tempe and Scottsdale, our team’s training and prior public-sector roles guide targeted defenses for ARS 28-1382 allegations. We coordinate approaches with resources found in our DUI lawyer and Aggravated DUI attorney hubs to address every Arizona-specific consequence, including ignition interlock under ARS 28-1461 and screening requirements under ARS 28-3319.
Counties & cities we cover
Tempe, AZScottsdale, AZMesa, AZGlendale, AZChandler, AZGilbert, AZPeoria, AZSurprise, AZGoodyear, AZBuckeye, AZParadise Valley, AZ
Frequently Asked Questions
Under ARS 28-1382(A)(1), an Extreme DUI is driving or being in actual physical control with a BAC of .15–.199 within two hours. A .20+ BAC is charged under ARS 28-1382(A)(2), often called Super Extreme. Both carry mandatory jail, alcohol screening/treatment (ARS 28-3319), ignition interlock (ARS 28-1461), and MVD actions under ARS 28-1385 or ARS 28-1321.
For a first Extreme DUI (.15–.199), ARS 28-1382(D)(1) requires at least 30 consecutive days. For a first Super Extreme (.20+), ARS 28-1382(E) requires at least 45 consecutive days. Second offenses within 84 months carry 120 or 180 days under ARS 28-1382(G)–(H). Some reductions may be available per statute with compliance and ignition interlock.
Arizona’s MVD may impose an admin per se suspension under ARS 28-1385 (often 90 days) if your alcohol concentration is established. A refusal triggers a 12–24 month suspension under ARS 28-1321. You generally have 15 days to request a hearing at the Executive Hearing Office. Convictions also lead to ignition interlock requirements under ARS 28-1461.
Yes. Arizona DUI defendants may request a jury trial in city or justice court proceedings. Courts such as Tempe Municipal Court, Scottsdale City Court, and Maricopa County Justice Courts conduct jury trials consistent with ARS 28-1381 advisements and the Arizona Rules of Criminal Procedure. Strategic motions, disclosure under Rule 15, and trial challenges to two-hour BAC proof are central.
Yes. ARS 28-1382 requires proof your BAC met the threshold within two hours of driving or control. Delays in testing, fermentation, medical factors, and assumptions in retrograde extrapolation can be challenged. Issues with warrants (Rule 41), implied-consent advisories (ARS 28-1321), ADHS instrument compliance, or lack of actual physical control under State v. Zaragoza can be case-dispositive.
Oliverson Law DUI & Criminal Defense — 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Rating 4.9/5 (150+ reviews). We defend ARS 28-1382 charges statewide and move quickly on MVD and court deadlines.
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