What Is Extreme DUI in Arizona Under ARS 28-1382, and What Are the Penalties?
Extreme DUI in Arizona is a misdemeanor DUI under ARS 28-1382 when a driver has a blood alcohol concentration of 0.15 or higher, but less than 0.20, within two hours of driving. Under ARS 28-1382(A)(1), a first offense carries at least 30 consecutive days in jail, with 9 days not eligible for suspension, a minimum $2,500 fine and assessment, alcohol screening, treatment, and a 90-day license suspension. A second Extreme DUI within 84 months under ARS 28-1382(A)(2) carries at least 120 days in jail and a minimum $3,250 in fines and assessments. If the arrest happened in Maricopa, Pima, or Pinal County, you have only 15 days to request an MVD hearing after the implied consent suspension notice. Your immediate next step is to demand that hearing and contact an Arizona DUI lawyer right away.
What is extreme DUI under ARS 28-1382?
Extreme DUI in Arizona means a DUI charge based on a blood alcohol concentration of 0.15 or more, but less than 0.20, within two hours of driving. Arizona Revised Statutes section 28-1382 creates a separate offense from regular DUI and super extreme DUI. A first offense usually applies when the BAC is at least 0.15, while super extreme DUI applies at 0.20 or higher. Police can charge extreme DUI if a breath or blood test shows the required range, or if the state proves impairment with a qualifying BAC result tied to the time of driving. Because the charge is based on a statutory alcohol range, defense work often focuses on testing procedures, machine accuracy, rising BAC, and whether the state can prove the timing element under Arizona law.
For people arrested in Maricopa County, Pinal County, or Mohave County, the practical impact is immediate, because a misdemeanor DUI can still mean jail, court-ordered treatment, and a suspended license. If your case is in the Phoenix area, you can learn more about defense strategy on the Arizona DUI lawyer hub.
How is an extreme DUI punished in Arizona?
Arizona imposes mandatory jail and financial penalties for extreme DUI under ARS 28-1382, and repeat cases get much harsher. The first-offense sentencing rules are especially important because judges cannot simply waive the minimum jail term. In most first extreme DUI cases, the court must order at least 30 consecutive days in jail, with only limited suspension allowed after treatment or compliance conditions. A second extreme DUI within 84 months brings longer jail and much higher fines. Arizona also requires alcohol screening, education, and in many cases ignition interlock installation. The Arizona Department of Transportation and MVD can also impose separate administrative consequences for a breath or blood result over the legal threshold.
| Offense | Minimum jail | Typical fine and assessment range | Other common consequences |
|---|---|---|---|
| First extreme DUI, ARS 28-1382(A)(1) | 30 consecutive days | About $2,700+ total | Alcohol screening, treatment, ignition interlock, license issues |
| Second extreme DUI within 84 months | 120 consecutive days | About $3,200+ total | Longer monitoring, interlock, extended court supervision |
| Super extreme DUI, 0.20 or higher | 45 days minimum for first offense | Higher than extreme DUI | More severe sentencing exposure under ARS 28-1382(A)(2) |
The statute itself is the key starting point. ARS 28-1382 provides, in substance, that a person shall not drive or be in actual physical control of a vehicle while having an alcohol concentration of 0.08 or more, and section 28-1382(A)(1) specifically addresses the 0.15 to 0.199 range. That is why the exact BAC number matters so much in a DUI case. A small measurement difference can move a case from regular DUI to extreme DUI, or from extreme DUI to super extreme DUI.
According to Arizona court and MVD practice, the criminal case and the license case move on separate tracks. The criminal court handles jail, fines, probation, and treatment. MVD handles the administrative suspension or denial issues that can begin quickly after arrest. If you were arrested in Tempe, Mesa, or Scottsdale, timing is critical because the hearing deadline can come up fast.
Oliverson Law handles DUI defense across Maricopa County, Pinal County, and Mohave County, including cases in Phoenix, Mesa, Tempe, and Scottsdale. Call now to protect your license and review your test results.
What should you do after an extreme DUI arrest?
Your first steps after an extreme DUI arrest are to protect your license, gather the paperwork, and get legal advice quickly. Arizona DUI cases move fast, and the evidence can be lost if you wait. After release, look for the citation, the MVD warning notice, the breath or blood paperwork, and any court dates. Then calculate the deadline for challenging the administrative suspension. A defense lawyer can also review whether the stop was lawful, whether the officer had probable cause, whether the breath or blood test complied with Arizona rules, and whether a suppression motion makes sense.
Check the arrest and MVD deadlines
Find your court date and the notice that explains the driver license consequences. The hearing request deadline is short, so delay can cost you a defense option.
Preserve your records
Keep the citation, release papers, test results, and any photos or videos. These documents help evaluate whether the BAC result can be challenged.
Review the testing process
Defense lawyers look at calibration, observation periods, chain of custody, blood draw procedures, and whether the machine or lab complied with Arizona standards.
Prepare for court strategically
In counties like Maricopa and Pinal, many DUI cases involve early disclosure, motions, and negotiations that can change the outcome before trial.
If you want more county-specific defense information, review our pages for Maricopa County DUI defense and Pinal County DUI defense.
What mistakes should you avoid after an extreme DUI charge?
The biggest mistakes are waiting too long, talking too much, and assuming the BAC result cannot be challenged. Many people think an extreme DUI means the case is already over, but Arizona DUI cases often turn on details that are easy to miss early. Do not ignore MVD notices, do not miss court, and do not post about the arrest on social media. Also, do not plead guilty before understanding whether the breath test, blood test, traffic stop, or officer observations can be attacked.
How does extreme DUI play out in local Arizona courts?
Extreme DUI cases in Phoenix, Tempe, Mesa, Scottsdale, and surrounding counties usually turn on the same core issues, but each court handles deadlines, scheduling, and negotiations differently. In Maricopa County, most misdemeanor DUI cases move through busy municipal and justice courts with strict filing and hearing calendars. In Pinal County and Mohave County, local practices can differ, especially on motion timing and plea posture. That is why a defense built for one courthouse may not be the right fit for another. Oliverson Law has experience with Arizona criminal courts from multiple sides of the aisle, including former law enforcement, prosecution, and judicial service, which can be useful when evaluating how an officer, prosecutor, or judge will likely view the case.
Derek Oliverson founded the firm in 2009 in Tempe after working as a police officer, prosecutor, and judge. David Tangren adds prosecution experience from Pima County. That background can matter when the state is relying on a stop narrative, field sobriety clues, and a BAC number that determines whether ARS 28-1382 applies.
Talk with Oliverson Law in Tempe if you were arrested for extreme DUI anywhere in Arizona. We can review the stop, the testing, and the license consequences before your deadlines pass.
When should you call a DUI lawyer?
You should call a DUI lawyer immediately after arrest, because the strongest defenses are often time-sensitive. The earlier a lawyer gets involved, the sooner they can request evidence, identify deadline issues, and decide whether to fight the test results, the stop, or the license action. At Oliverson Law, our team handles Arizona DUI and criminal defense matters from our Tempe office at 60 E Rio Salado Pkwy Suite 900, Tempe, AZ 85281. We are available at (480) 582-3637. If you are facing an extreme DUI charge under ARS 28-1382, fast action can make a real difference in whether you keep driving, what penalties you face, and how the case resolves.
What Are the Key Arizona Statutes and Agencies for This Topic?
The primary statute and the closely related ones below are the legal references that govern this issue in Arizona. Save these links for your own review. The Arizona statutes are published in plain text on the Arizona State Legislature website, and the agencies below handle case filing, vehicle records, and post-conviction matters.
- ARS 28-1382 (extreme DUI)
- ARS 28-1381 (standard DUI)
- ARS 28-1383 (aggravated DUI)
- Arizona Department of Public Safety
- Arizona MVD
Frequently Asked Questions
Extreme DUI in Arizona applies when the alleged blood alcohol concentration is 0.15 or higher, but less than 0.20, within two hours of driving. That range is set by ARS 28-1382. If the BAC is 0.20 or higher, the state may charge super extreme DUI instead. The exact timing of the test and the reliability of the result can matter a great deal in the defense.
Yes. Extreme DUI is generally charged as a misdemeanor under Arizona law, but it still carries serious mandatory consequences, including jail, fines, alcohol screening, and possible license suspension. A repeat DUI within the lookback period can increase punishment significantly. Even though it is a misdemeanor, it can still disrupt work, family life, and driving privileges.
A first extreme DUI conviction usually requires at least 30 consecutive days in jail. A second extreme DUI within 84 months carries a much longer minimum jail term, and the fines are also much higher. Judges have limited ability to reduce mandatory jail, so the charge should be evaluated carefully for possible defenses, motions, or reductions.
Yes. A defense lawyer can review whether the stop was lawful, whether police followed required testing procedures, whether the machine was properly calibrated, and whether the blood draw and chain of custody were handled correctly. In some cases, the state’s evidence can be reduced, suppressed, or challenged at trial. Early investigation is important because test records and bodycam footage can be lost or overwritten.
Get a lawyer involved before deadlines pass. Oliverson Law can review your charge, explain the penalties, and build a defense strategy for your court and MVD case.