A .204 BAC reading well into Super Extreme DUI territory would have locked in a 45-day mandatory minimum and roughly $2,800 in combined fines and surcharges. Future First negotiated the BAC tier downward to the lower Extreme .15 tier with 2 days jail and 7 days home detention.

At a glance

Court	Peoria Municipal Court
Original charges	Extreme DUI BAC .15 or More (ARS § 28-1382(A)(1)), Class 1 Misdemeanor; Super Extreme DUI BAC .20 or More (ARS § 28-1382(A)(2)), Class 1 Misdemeanor; Standard DUI (ARS § 28-1381), Class 1 Misdemeanor
State’s initial offer	30 days of straight jail, $567 fine plus $2,254 in mandatory DUI surcharges and assessments, mandatory ignition interlock, license action, substance abuse education
Result	Plea to lower Extreme DUI .15 tier; 2 days jail and 7 days home detention eligibility; reduced fines; ignition interlock and education; two remaining DUI counts dismissed
Jail days saved	28 days below State’s initial offer
Eligibility for set aside	Eligible now under ARS § 13-905
Eligibility for sealing	Approximately 2024 to 2025 under ARS § 13-911, three years after the one-year judge-ordered IID ends

The stakes

The client faced three DUI counts in Peoria after a BAC of .204 reading, which is more than 2.5 times the legal limit and well into Super Extreme DUI territory. The State’s initial offer carried 30 days of straight jail, mandatory ignition interlock, license action, and combined fines and surcharges over $2,800.

A Super Extreme conviction would have locked in a 45-day mandatory minimum and a permanent record entry that affects employment, insurance, and travel for life. The .20+ tier triggers higher fine packages and longer IID requirements than the lower Extreme tier (.15 to .20).

What we did

After Future First filed a deviation letter, multiple motions, and pushed the State on the BAC math and stop facts, the State accepted a plea down to the lower Extreme DUI .15 tier with 2 days jail and 7 days of home detention eligibility, reduced fines, and dismissal of the two remaining DUI counts.

Future First saved the client 28 days of jail compared to the original offer. The client is eligible for Set Aside now under ARS § 13-905 and eligible for record sealing under ARS § 13-911 three years after the one-year judge-ordered IID ends, estimated 2024 to 2025.

What our clients say

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If you’re facing a Super Extreme DUI in Arizona

Arizona’s Super Extreme DUI tier under ARS § 28-1382(A)(2) triggers when the BAC reaches .20 or higher. Super Extreme carries the harshest first-offense DUI penalties in the state: 45 days mandatory jail with 31 suspendable on ignition interlock compliance (14 actual days at the floor), 18-month judge-ordered IID, fines and assessments over $3,000, MADD victim impact panel, license suspension, and probation up to 5 years.

The BAC math matters in tier-reduction negotiations. The State has to prove BAC at the time of driving, not at the time of the blood draw or breath test. Time elapsed between driving and chemistry testing, the absorption phase of alcohol, and the reliability of any individual test result all become defense angles. When the defense can credibly argue that the actual driving-time BAC sat at or below the .20 threshold, the prosecutor sometimes agrees to amend down to the lower Extreme tier.

Home detention is the other major lever. Once the Super Extreme tier is gone, the court can structure the remaining mandatory jail days as a combination of in-custody time and home detention, keeping the actual in-custody portion to a small fraction of the total sentence.

Future First Criminal Law has handled Super Extreme DUI cases across Maricopa County and Arizona. We know how Peoria Municipal Court and other municipal courts evaluate BAC-math challenges and home detention requests.

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 Super 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.