A 2nd-offense Super Extreme DUI in Phoenix carried potential elevation to felony Aggravated DUI with mandatory prison and a permanent felony record. Future First moved aggressively to lock the case in as a misdemeanor and pulled the actual jail term from the 90-day floor down to 35 days.
At a glance
| Court | Phoenix Municipal Court |
| Original charge | 2nd-offense Super Extreme DUI BAC .20 or More (ARS § 28-1382(A)(2)), Class 1 Misdemeanor, with potential to elevate to Aggravated DUI under ARS § 28-1383 as a Class 4 Felony based on prior DUI |
| Presumptive exposure | Without firm intervention, the State could have charged Aggravated DUI as a Class 4 Felony under ARS § 28-1383, carrying mandatory prison (presumptive 2.5 years), fines up to $150,000, a permanent felony record, and lifetime collateral consequences; 2nd-offense Super Extreme misdemeanor exposure: 180 days mandatory jail with 90 days suspendable on screening and IID compliance (90 actual days at the floor), fines and assessments above $4,500, 24-month judge-ordered IID, license revocation, MADD VIP, alcohol screening and counseling, and 30 hours community restitution |
| Result | State agreed to 2nd-offense Super Extreme misdemeanor plea, preventing felony Aggravated DUI charging entirely; 35 days actual jail with 1 day credit for time served (55 jail days saved against the 90-day misdemeanor floor); 12-month IID; approximately $3,500-plus in fines and assessments; MADD VIP; alcohol screening; 30 hours community restitution |
| Eligibility for set aside | After sentence completion in mid-2025 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after counseling completion |
The stakes
The client faced a 2nd-offense Super Extreme DUI charge under ARS § 28-1382(A)(2) at Phoenix Municipal Court with a prior DUI on record. The State had the option to charge Aggravated DUI under ARS § 28-1383 as a Class 4 Felony, which would have carried mandatory prison (presumptive 2.5 years), fines up to $150,000, a permanent felony record, and lifetime collateral consequences. The 2nd-offense Super Extreme misdemeanor exposure on its own runs 180 days mandatory jail with 90 days suspendable on screening and IID compliance (90 actual days at the floor), fines and assessments above $4,500, a 24-month judge-ordered ignition interlock, license revocation, MADD VIP, alcohol screening and counseling, and 30 hours community restitution.
What we did
Future First moved aggressively to lock in a misdemeanor disposition before the State could elevate to a felony Aggravated DUI charge. The State agreed to a 2nd-offense Super Extreme misdemeanor plea. The court imposed 35 days actual jail with 1 day credit for time served, 12-month IID, approximately $3,500-plus in fines and assessments, MADD victim impact panel, alcohol screening, and 30 hours community restitution. The firm pulled the actual jail term from the 90-day 2nd-offense Super Extreme floor down to 35 days, saving 55 actual jail days, and prevented felony Aggravated DUI exposure entirely. Set aside under ARS § 13-905 eligible after sentence completion in mid-2025. Sealing records under ARS § 13-911 eligible approximately 2028, three years after counseling completion.
What the client said
I found myself in a difficult situation after making a poor decision and didn’t know where to begin. After making a phone call to Future First, the fear and anxiety of my predicament began to fade. I was assured by Zach and the rest of the Future First team that they had seen this before and would be on my side for the next steps in the process. From start to finish future first kept me updated and got me a fair closure to my problem. Highly recommended for anyone who has been involved in a legal predicament.
— Verified Google review
If you’re facing a 2nd-offense Super Extreme DUI in Arizona
The single most important defense move on a 2nd-offense Super Extreme DUI is preventing felony Aggravated DUI charging. ARS § 28-1383 permits the State to charge Aggravated DUI as a Class 4 Felony when the defendant has a prior DUI within the look-back window, the prior was a DUI under ARS § 28-1381 or § 28-1382, and certain aggravators are present. Class 4 Felony exposure means mandatory prison time, fines up to $150,000, a permanent felony record, lifetime collateral consequences, and federal firearm restrictions.
The misdemeanor disposition path on a 2nd-offense Super Extreme DUI is time-sensitive. Once the State commits to charging Aggravated DUI as a felony, reverting to a misdemeanor plea is significantly harder. Defense counsel needs to engage the prosecutor early, document the mitigating factors, structure the misdemeanor plea framework, and lock in the misdemeanor disposition before the felony track engages.
Pulling the actual jail term from 90 days down to 35 days on a 2nd-offense Super Extreme misdemeanor is a 55-day reduction below the statutory floor that the floor language nominally permits. The reduction is unusual on a 2nd-offense Super Extreme case and depends on detailed deviation work tied to screening recommendations and a structured presentation of mitigating circumstances.
Future First Criminal Law has handled 2nd-offense Super Extreme DUI cases with felony exposure across Maricopa County and Arizona. We know how Phoenix Municipal Court evaluates misdemeanor-lock-in requests on cases that could otherwise have gone to the felony Aggravated DUI track.
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 Super 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.