The State stacked two DUI counts, a Speed Greater Than Reasonable and Prudent count, and signaled an Extreme DUI enhancement that would have triggered 30 days mandatory jail. Future First negotiated the case down to a single DUI count, 1 day jail served, no Extreme DUI allegation filed.

At a glance

Court	Highland Justice Court
Original charges	DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; DUI BAC .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor; Speed Greater Than Reasonable and Prudent (ARS § 28-701(A)), civil traffic; State signaled Extreme DUI allegation under ARS § 28-1382
Presumptive exposure	Up to 180 days jail, $2,500 fine plus 78% surcharge, $500 Prison Construction Fund, $500 Public Safety Equipment Fund, up to 5 years probation, IID 12+ months, alcohol screening and treatment, plus Extreme DUI enhancement carrying 30 days mandatory jail
Result	Plea to a single DUI count, 1 actual day jail served, no Extreme DUI allegation filed
Counts dismissed	DUI BAC count, Speed count
Eligibility for set aside	Eligible now under ARS § 13-905
Eligibility for sealing	Approximately 2023 under ARS § 13-911

The stakes

The client was arrested on a Maricopa County DUI stop and submitted to a blood draw that produced a result above the legal limit. The State charged two DUI counts and a speed violation, and indicated grounds to file an Extreme DUI allegation that carries a 30-day mandatory jail term.

The client had a remote prior, no recent DUI history, and faced exposure to up to 180 days of jail, $2,500 in fines plus surcharges, a year of IID, and years of probation. The Extreme DUI allegation would have added a 30-day mandatory jail term on top of everything else, with limited ability to suspend any of it.

What we did

Future First negotiated a plea to one count only. After the firm’s defense work, the State dismissed the BAC count and the speed citation and agreed not to file the Extreme DUI allegation. The court suspended all but one day of jail conditioned on completing alcohol screening and treatment. Unsupervised probation. No MADD panel.

The client served a single day instead of facing 10 to 30. Total fines came in at $492.50 plus the two $500 statutory fund assessments. IID was set at 12 months. Under ARS § 13-905, the client is eligible to apply to set aside the conviction now. Under ARS § 13-911, the client became eligible to apply to seal the record in 2023.

What our clients say

Future First Criminal Law has earned hundreds of five-star reviews from clients across Arizona. Read our verified Google reviews or see what past clients have said on our client reviews page.

If you’re facing a DUI in Arizona

Arizona’s DUI statutes operate as a tier system. A standard first-offense DUI under ARS § 28-1381 carries 10 days mandatory jail (9 suspendable on screening), 12-month IID, fines around $1,500 to $2,000, and probation up to 5 years. The Extreme DUI tier under ARS § 28-1382 triggers when the BAC reaches .15 or higher, and brings 30 days mandatory jail with fewer suspendable days, plus a 12-month judge-ordered IID and higher fines. The Super Extreme tier at .20 or higher adds another step up.

When the State indicates it may file an Extreme DUI allegation but has not yet committed in writing, defense work in that window can sometimes pull the case out of the higher tier entirely. The decision hinges on the impairment proof, the BAC chemistry, the time-of-driving estimate, and how the prosecutor reads the case strength. A well-positioned plea offer can include both count dismissals and a State commitment not to file the higher allegation.

Future First Criminal Law has handled DUI cases at every tier across Maricopa County and Arizona. We know how prosecutors evaluate Extreme DUI charging decisions and how to position a case to keep it at the standard tier.

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 DUI charge in Arizona? Call Future First Criminal Law at 602-900-7625 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.