Super Extreme DUI Defense
A test result of 0.20 or more can make it feel as if the outcome is already set. The stop, the timing and the testing still deserve a careful look, and you have decisions to make 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)(2) bars driving or being in actual physical control of a vehicle with an alcohol concentration of 0.20 or more within two hours of driving.
- How it is classified: A class 1 misdemeanor (§ 28-1382(K)).
- Possible sentence (first offense): At least 45 consecutive days in jail (the judge may suspend all but 14 with 12 months of interlock), at least $2,750 in fines and assessments, and 18 months of interlock.
- Where the case is heard: A city (municipal) court or a justice court, depending on where the arrest happened.
- What to do now: Check the date on your MVD notice. The hearing request must reach MVD within 30 days, so call us early.
What the law says
Super extreme DUI is the second tier of the extreme DUI law, § 28-1382. The general DUI law, A.R.S. § 28-1381, starts at 0.08, and super extreme covers any concentration of 0.20 or more.
Each point below is an element. Under § 28-1382(A)(2), the State must prove all of them:
- You drove or were in actual physical control of a vehicle in Arizona.
- Your alcohol concentration was 0.20 or more.
- That concentration existed within two hours of driving or being in control.
- The alcohol came from drinking before or while you were driving or in control.
Because the law covers "actual physical control," a case can arise even when the vehicle was parked, and whether you were in control depends on the facts. The statute is also limited to alcohol consumed before or while driving, which can matter when there was a long gap before the test. For national background, see Cornell LII Wex: driving under the influence (DUI), which is not a source of Arizona law.
How it is classified
All three alcohol tiers are class 1 misdemeanors, with a general maximum of six months in jail (A.R.S. § 13-707(A)(1)) and a $2,500 fine (A.R.S. § 13-802(A)). What sets the tiers apart is the mandatory minimum each DUI statute adds.
| Tier | Concentration | First offense minimum jail | MVD interlock |
|---|---|---|---|
| DUI, § 28-1381(A)(2) | 0.08 or more | 10 consecutive days (§ 28-1381(I)(1)) | 12 months if alcohol was involved |
| Extreme DUI, § 28-1382(A)(1) | 0.15 or more but less than 0.20 | 30 consecutive days; may suspend all but 9 with interlock | 12 months |
| Super extreme DUI, § 28-1382(A)(2) | 0.20 or more | 45 consecutive days; may suspend all but 14 with interlock | 18 months |
Certain circumstances turn any tier into aggravated DUI, a felony under A.R.S. § 28-1383. Examples include driving on a suspended license and a third violation within 84 months, covered on our aggravated DUI page.
Possible penalties
First super extreme DUI
Under § 28-1382(D), a first conviction carries these minimums. They apply subject to the jail reduction described below.
- At least 45 consecutive days in jail, with no probation or suspension unless the entire sentence is served.
- A fine of at least $500, a $250 assessment, and two 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.
At sentencing, the judge may suspend all but 14 days of jail if you equip any vehicle you operate with a certified ignition interlock for 12 months (§ 28-1382(I)). If you do not comply and are not on probation, the court must order you to show cause why the remaining jail 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)).
Second super extreme DUI within 84 months
With a prior conviction under § 28-1381, § 28-1382 or § 28-1383 within 84 months, § 28-1382(E) requires at least 180 days in jail with 90 served consecutively. It also requires a fine of at least $1,000, $2,750 in assessments, at least 30 hours of community restitution, and revocation for at least one year. The interlock jail reduction in § 28-1382(I) is written for the first-offense term only. See our second DUI page.
Ignition interlock
Under A.R.S. § 28-3319(D)(2), MVD requires 18 months of interlock after a super extreme DUI conviction, or 24 months with a prior DUI-type conviction within 84 months (§ 28-3319(D)(3)(a)). The court may order longer (§ 28-1382(D)(5)). The period begins once you finish screening, education or treatment and are otherwise eligible to reinstate (§ 28-3319(F)).
The 12 months in the jail reduction rule is a sentencing condition, separate from the 18-month MVD requirement, so plan for the longer period. See our ignition interlock page.
Your license and the 30-day deadline
Two clocks start after the arrest: the criminal case and the MVD case. Under A.R.S. § 28-1385, a result of 0.08 or more can lead to an administrative suspension of at least 90 days (§ 28-1385(H)). If you qualify under § 28-1385(I), it is at least 30 days plus 60 days of restricted driving, or a special ignition interlock restricted license instead (§ 28-1385(J)).
A request for a hearing or summary review "must be received by the department within thirty days after the date of the notice" (§ 28-1385(G)(2)(c)). A timely request stays the suspension until the hearing (§ 28-1385(L)). The hearing is narrow, 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)). Read about set-asides and record sealing.
- Repeat offenses: For 84 months, a new DUI would be sentenced as a second offense, and a third violation can be charged as a felony.
- Driving and work: An 18-month interlock must be on any vehicle you operate. A conviction may also matter for driving jobs, background checks 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. Even if most of the jail is suspended, a super extreme DUI conviction carries the full interlock period and the other effects above.
How we defend super extreme DUI cases
A high number can feel final, but it is still evidence that can be tested. We may look at:
- The stop: Whether the officer had a lawful basis. Evidence from an unlawful stop may be challenged.
- Timing: The concentration must fall within two hours of driving. Late tests, or drinking after driving ended, can affect the case.
- The breath or blood test: Machine records, blood handling and lab methods. You must be given a reasonable opportunity to arrange your own additional test (A.R.S. § 28-1388(C)).
- The 0.20 line: A result near 0.20 can matter, because one tier lower means 30 days of minimum jail instead of 45 and 12 months of interlock instead of 18.
- Mitigation: Starting screening or counseling early may support the § 28-1382(I) reduction or a resolution to a lower tier.
We explain your options at each step. Results depend on the facts of each case.
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. Super extreme DUI is a class 1 misdemeanor under § 28-1382(K), however high the result. It becomes aggravated DUI, a felony, if a circumstance listed in § 28-1383 is present.
Yes. Under § 28-1382(C), the court must tell you at arraignment that you may request a jury trial, and the request, if made, must be granted. A lawyer can help you weigh that choice.
It can happen in some cases. Problems with timing, the test or the stop may support a resolution to a lower tier, though no lawyer can promise that result.
The MVD order takes effect 30 days after it is served, and a timely hearing request stays it until the hearing (§ 28-1385(L)). If the officer took your license, you should have received a temporary permit valid for 30 days (§ 28-1385(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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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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