Two BAC readings of .171 and .169, both above the Extreme DUI threshold, would have triggered 30 days mandatory jail and a 12-month judge-ordered ignition interlock. Future First pulled the case out of the Extreme tier entirely, secured a standard DUI plea with 1 actual day in custody, and won Set Aside relief in 2022.

At a glance

Court	West Mesa Justice Court
Original charge	Extreme DUI BAC .15 to .20 (ARS § 28-1382(A)(1)), Class 1 Misdemeanor (measured BACs .171 and .169)
Presumptive exposure	30 days mandatory jail with 21 days suspendable on ignition interlock compliance (9 actual days at the floor), fines and assessments around $2,743, 12-month judge-ordered ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension
Result	State amended Extreme DUI down to standard DUI under ARS § 28-1381(A)(1); plea to standard DUI; 10 days jail with 9 suspended (1 actual day); standard DUI fines; 6-month MVD IID; alcohol screening and counseling; Set Aside under ARS § 13-905 granted June 2022
Days saved (jail)	8 days below Extreme floor
Eligibility for sealing	Approximately 2025 under ARS § 13-911, three years after counseling completion

The stakes

The client faced an Extreme DUI charge at West Mesa Justice Court under ARS § 28-1382(A)(1) with measured BACs of .171 and .169, both above the Extreme threshold.

An Extreme DUI conviction in Arizona carries 30 days of mandatory jail with 21 days suspendable on ignition interlock compliance (9 days actual at the floor), fines and assessments around $2,743, a 12-month judge-ordered ignition interlock, MADD victim impact panel, alcohol screening and counseling, and a license suspension.

What we did

After Future First negotiated the plea and pressed the State on its impairment proof, the State amended the lead charge down from Extreme DUI to standard DUI under ARS § 28-1381(A)(1). The client pled to the standard DUI count: 10 days jail with 9 suspended on screening, leaving 1 actual day, standard DUI fines, 6-month MVD ignition interlock, and alcohol screening and counseling.

The firm pulled the case out of the Extreme DUI tier, saving 8 actual jail days from the Extreme floor and roughly $700 in fines. Future First then secured Set Aside relief under ARS § 13-905, which the court granted in June 2022. Sealing records under ARS § 13-911 is eligible approximately 2025, three years after counseling completion.

What our clients say

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If you’re facing an Extreme DUI in Arizona

Arizona’s Extreme DUI tier under ARS § 28-1382(A)(1) triggers when the BAC reaches .15 or higher. A reading just above .15 sits at the bottom of the Extreme range and represents the most defensible posture for tier-reduction negotiation. The State has to prove the BAC at the time of driving, not at the time of the blood draw, which leaves room for retrograde-extrapolation challenges, especially when the second BAC reading is lower than the first.

Pulling an Extreme DUI down to a standard DUI under ARS § 28-1381(A)(1) eliminates the 30-day mandatory jail floor, the 12-month judge-ordered ignition interlock, and the higher fine package. The standard DUI tier carries its own mandatory penalties, but the floor is 10 days jail with 9 suspendable on screening (1 actual day) and the IID requirement shifts to MVD’s 6-month minimum administrative requirement.

After the criminal case closes, ARS § 13-905 Set Aside relief can clean up the conviction once the sentence terms complete. Combined with ARS § 13-911 sealing three years after counseling completion, the long-term record posture on a DUI can come out close to clean.

Future First Criminal Law has handled Extreme DUI tier-reduction cases across Maricopa County and Arizona. We know how West Mesa Justice Court and other justice courts evaluate impairment-proof challenges and how to structure a plea that exits the Extreme tier entirely.

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 an Extreme DUI 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.