Extreme DUI Defense
An extreme DUI arrest can leave you worried about jail, your license and your job all at once. Here is what Arizona law says, and what you can do in the next 30 days.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 28-1382(A)(1) bars driving or being in actual physical control of a vehicle with an alcohol concentration of 0.15 or more but less than 0.20 within two hours of driving.
- How it is classified: A class 1 misdemeanor (§ 28-1382(K)).
- Possible sentence (first offense): At least 30 consecutive days in jail (the judge may suspend all but 9 with 12 months of interlock), plus at least $2,500 in fines and assessments.
- Where the case is heard: A city (municipal) court or a justice court, depending on where the arrest happened.
- What to do now: Find the date on your MVD notice. Your hearing request has 30 days to reach MVD, so call us early.
What the law says
Arizona's general DUI law, A.R.S. § 28-1381, covers impairment to the slightest degree or an alcohol concentration of 0.08 or more. The extreme DUI law, § 28-1382, adds higher tiers with stiffer mandatory penalties. A complaint may list counts under both laws for the same drive.
Each point below is an element. For extreme DUI under § 28-1382(A)(1), the State must prove all of them:
- You drove or were in actual physical control of a vehicle in Arizona.
- Your alcohol concentration was 0.15 or more but less than 0.20.
- That concentration existed within two hours of driving or being in control.
- The alcohol was consumed before or while you were driving or in control.
Because the law reaches "actual physical control," a case can arise even when the vehicle was not moving, and whether you were in control depends on the facts. A result of 0.20 or more is super extreme DUI. For national background, see Cornell LII Wex: driving under the influence (DUI), which is not a source of Arizona law.
How it is classified
Every alcohol tier is a class 1 misdemeanor, which carries up to six months in jail under A.R.S. § 13-707(A)(1) and a fine of up to $2,500 under A.R.S. § 13-802(A). The DUI statutes then add mandatory minimums that set each tier apart.
| Charge | Alcohol concentration | First offense minimum jail |
|---|---|---|
| DUI, § 28-1381(A) | 0.08 or more, or impaired to the slightest degree | 10 consecutive days (§ 28-1381(I)(1)) |
| Extreme DUI, § 28-1382(A)(1) | 0.15 or more but less than 0.20 | 30 consecutive days (§ 28-1382(D)(1)) |
| Super extreme DUI, § 28-1382(A)(2) | 0.20 or more | 45 consecutive days (§ 28-1382(D)(1)) |
A DUI becomes a felony when a circumstance listed in A.R.S. § 28-1383 is present, such as driving on a suspended license or a third violation within 84 months. See our aggravated DUI page.
Possible penalties
A first extreme DUI conviction carries these minimums under § 28-1382(D). These are statutory minimums, subject to the jail reduction described below.
- At least 30 consecutive days in jail, with no probation or suspension unless the entire sentence is served.
- A fine of at least $250, a $250 assessment, and two more assessments of $1,000 each.
- A certified ignition interlock on any vehicle you operate, and traffic survival school.
- Community restitution, if the court orders it.
The judge may suspend all but 9 days of jail if you equip any vehicle you operate with a certified ignition interlock for 12 months (§ 28-1382(I)). If you then fail to comply and are not on probation, the court must order you to show cause why the rest should not be served. The judge must also order alcohol or other drug screening, and may order education or treatment (A.R.S. § 28-1387(B)).
With a prior DUI-type conviction within 84 months, § 28-1382(E) raises the minimums to 120 days in jail (60 consecutive), a fine of at least $500, $2,750 in assessments, 30 hours of community restitution, and revocation for at least one year. See our second DUI page.
Ignition interlock
Under A.R.S. § 28-3319(D)(1), MVD requires 12 months of interlock for a first or second extreme DUI, and the court may order longer. The period begins when you complete screening, education or treatment and are otherwise eligible to reinstate (§ 28-3319(F)). The six-month early deferment in § 28-3319(H) is limited to people sentenced under § 28-1381(I), so the count of conviction can matter. See our ignition interlock page.
The MVD clock
There are two clocks after the arrest: the criminal case and the license case. Under A.R.S. § 28-1385, a result of 0.08 or more can lead to an administrative suspension that takes effect 30 days after the order is served. A hearing request "must be received by the department within thirty days after the date of the notice," or the order becomes final (§ 28-1385(G)(2)(c)). A timely request stays the suspension until the hearing (§ 28-1385(L)).
The suspension is at least 90 days (§ 28-1385(H)). If you caused no death or serious physical injury, have no DUI conviction within 84 months, and complete MVD's screening, it is at least 30 days plus 60 days of restricted driving, or a special ignition interlock restricted license instead (§ 28-1385(I), (J)). The hearing is narrow and limited to the issues in § 28-1385(M), such as reasonable grounds, the arrest and the test.
Consequences beyond the sentence
- Record: A set-aside under A.R.S. § 13-905 sets aside the judgment of guilt, but the conviction can still be used as a prior and by MVD (§ 13-905(E)). See set-asides and record sealing.
- Future cases: The conviction counts as a prior for 84 months, raising the minimums for a second DUI.
- License and employment: Interlock and suspension rules can affect your commute, and a conviction may matter for driving jobs or a professional license.
- Immigration: If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
Avoiding jail is not the same as avoiding a conviction. A sentence with only a few days in custody still leaves an extreme DUI conviction, with its interlock, license and record effects.
How we defend extreme DUI cases
Extreme DUI turns on a number, so the testing often gets the closest look. Depending on your facts, we may review:
- The stop: Whether the officer had a lawful basis to stop you. Evidence from an unlawful stop may be challenged.
- The two-hour window: Timing gaps, and drinking after you stopped driving, can be issues.
- Breath and blood testing: Device records, and how blood was drawn, stored and analyzed. Under A.R.S. § 28-1388(C), you must have a reasonable opportunity to arrange your own additional test.
- The tier line: A result near 0.15 can matter, because the tier changes the minimum jail.
- Mitigation: Early screening and interlock steps may support the § 28-1382(I) reduction or a resolution to a lesser count.
We also track the MVD deadline with you. Every case is different, and the result depends on the facts and the evidence.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
No. It is a class 1 misdemeanor, but it can be charged as aggravated DUI if a § 28-1383 circumstance is present. At arraignment, the court must tell you that you may request a jury trial, and the request, if made, must be granted (§ 28-1382(C)).
The judge may suspend all but 9 days if you keep a certified interlock for 12 months (§ 28-1382(I)). A lawyer can also review whether the extreme DUI count can be challenged or resolved another way.
The order of suspension becomes final, and the suspension takes effect without a hearing (§ 28-1385(G)(2)(c)). Call us early so there is time to send the request.
Yes. A prior under § 28-1381, § 28-1382 or § 28-1383 raises the penalties for a later DUI within 84 months. The dates the offenses were committed are what count (§ 28-1382(F)).
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 28-1381: Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing
- A.R.S. § 28-1382: Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; time limitation
- A.R.S. § 28-1383: Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification
- A.R.S. § 28-1385: Administrative license suspension for driving under the influence or for homicide or assault involving a motor vehicle; report; hearing
- A.R.S. § 28-1387: Prior convictions; alcohol or other drug screening, education and treatment and evidence-based psychotherapy; license suspension
- A.R.S. § 28-1388: Blood and breath tests; violation; classification; admissible evidence
- A.R.S. § 28-3319: Action after license suspension, revocation or denial for driving under the influence or refusal of test
- A.R.S. § 13-707: Misdemeanors; sentencing
- A.R.S. § 13-802: Fines for misdemeanors
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
Cornell Legal Information Institute
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