A 2nd-offense Extreme DUI in Arizona carries 120 days mandatory jail with 60 days consecutive that can’t be suspended. Future First eliminated the prior-count enhancement, resolved the case as a 1st-offense Extreme DUI, and saved the client 111 actual jail days.
At a glance
| Court | West Mesa Justice Court |
| Original charge | Extreme DUI BAC .15 to .20 (ARS § 28-1382(A)(1)), Class 1 Misdemeanor, charged as a 2nd offense |
| Presumptive exposure (2nd-offense) | 120 days mandatory jail with 60 days consecutive non-eligible-for-release, longer judge-ordered IID, MADD VIP, full DUI counseling, heaviest C1M fines, extended license revocation, stacked-priors record pushing next DUI into felony territory; four months in custody was the baseline outcome |
| Result | State amended prior count; case resolved as 1st-offense Extreme DUI; 2 days jail + 7 days continuous alcohol monitoring (9 days total) instead of 120; fines settled in standard 1st-offense Extreme tier; prior-count window on record reset |
| Jail days saved | 111 days |
| Eligibility for set aside | After sentence completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2029 under ARS § 13-911, three years after the 12-month judge-ordered IID ends |
The stakes
The client faced a 2nd offense Extreme DUI under ARS § 28-1382(A)(1). Arizona’s 2nd-offense Extreme DUI structure carries 120 days mandatory in jail with 60 days consecutive that cannot be suspended, a longer judge-ordered ignition interlock device, MADD VIP, full DUI counseling, the heaviest C1M fine tier, an automatic license revocation, and a stacked-priors record that pushes the next DUI offense into felony territory. Four months in custody was the baseline outcome.
What we did
Future First negotiated the case down by eliminating the 2nd-offense enhancement, and the case resolved as a 1st offense Extreme DUI. The client served 2 days jail and 7 days continuous alcohol monitoring (9 days total) instead of 120 at the 2nd-offense floor. 111 jail days saved. Fines settled in the standard 1st-offense Extreme tier. The prior-count window on the record reset. Set aside under ARS § 13-905 available after sentence completion. Sealing records under ARS § 13-911 eligible approximately 2029, three years after the 12-month judge-ordered IID ends.
What our clients say
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If you’re facing a 2nd-offense Extreme DUI in Arizona
Arizona’s 2nd-offense DUI framework triggers when a new DUI offense occurs within 84 months of a prior DUI conviction. On a 2nd-offense Extreme DUI, the mandatory minimum jumps from the 1st-offense 9 actual days to 120 days with 60 consecutive non-suspendable days. The difference is dramatic — four full months in custody before any work-release or home-detention options apply.
Eliminating the prior-count allegation is the strongest defense move on a 2nd-offense DUI case. The negotiation typically attacks the validity of the alleged prior — whether the State can actually prove the prior conviction at the sentencing hearing, whether the prior occurred within the 84-month window, and whether the prior conviction was constitutionally valid. When the State agrees to strip the prior, the case drops back to 1st-offense sentencing.
The 1st-offense Extreme DUI floor — 2 days jail plus 7 days continuous alcohol monitoring (CAM) — is dramatically more manageable than 120 days of in-custody time. The CAM portion lets the client live at home with a continuous breath monitor instead of going into custody.
Future First Criminal Law has handled 2nd-offense DUI cases at every tier across Maricopa County. We know how to attack prior-count allegations and how to position cases for prior-elimination.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Set aside and sealing in Arizona — how to clean up your record after a DUI conviction
Call us
Facing a 2nd-offense Extreme DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona DUI cases at every tier. The earlier we are involved, the more options you have.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona DUI law, visit the Arizona State Legislature website.