The client faced a first offense Extreme DUI charge at Phoenix Municipal Court after a blood alcohol concentration of .160 triggered the Extreme DUI statute. Future First negotiated a Phoenix Extreme DUI reduced to standard impaired DUI, cutting jail exposure from 30 days to 1 day served and eliminating jail costs entirely.
At a glance
| Court | Phoenix Municipal Court |
| Original charge | Extreme DUI (ARS § 28-1382(A)(1)), Class 1 Misdemeanor |
| Presumptive exposure | 30-day jail minimum (21 days suspendable on conditions), $2,500 minimum fine, 12-month ignition interlock, 90-day license suspension |
| Result | Standard impaired DUI (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; 1 day jail served, 9 days suspended; $1,518 total fines and fees; jail costs waived by judge |
| Eligibility for set aside | Eligible approximately 2027 (after all court requirements complete) |
| Eligibility for sealing | Eligible approximately 2029 (3 years from counseling completion, ARS § 13-911) |
The stakes
The client faced a first offense Extreme DUI charge in Phoenix. A blood alcohol reading of .160 placed the case squarely within the Extreme DUI threshold under ARS § 28-1382(A)(1). An Extreme DUI conviction carries a mandatory minimum of 30 days in jail. Up to 21 of those days can be suspended if the defendant completes screening and treatment conditions, but the net floor is still 9 days behind bars. The minimum fine for Extreme DUI is $2,500, before surcharges and mandatory assessments.
Beyond the immediate penalties, an Extreme DUI conviction carries a heavier label on the client’s record than a standard DUI. Any future DUI offense within seven years would be enhanced. The charge also included a 12-month ignition interlock requirement and a 90-day license suspension, with additional civil penalties from the Arizona Department of Transportation. The client had no prior DUI convictions within the 84-month lookback period.
What we did
Future First negotiated a Phoenix Extreme DUI reduced to standard impaired DUI under ARS § 28-1381(A)(1). The Extreme DUI charge and the companion BAC .08 count were both dismissed. The final sentence on the amended charge was 10 days in jail with 9 days suspended upon completion of substance abuse screening and treatment, leaving the client with 1 day served. Fines and fees totaled $1,518 — well below the Extreme DUI statutory minimum of $2,500. The judge waived jail costs at sentencing.
Future First built the negotiating position around the limited driving cues observed prior to the stop, the client’s immediate cooperation, the absence of a prior DUI history, and early completion of substance abuse screening. The deviation argument focused on the client’s conduct during the encounter and engagement with treatment prior to the plea. The result eliminated the Extreme DUI label entirely, reduced the jail floor from 30 days to 1 day, and removed jail costs that would otherwise have been imposed.
What our clients say
Read what past clients have said about their experience with Future First:
If you are facing a DUI in Arizona
Arizona DUI law draws a hard line at .15 BAC. At or above that level, the charge becomes Extreme DUI under ARS § 28-1382, which carries a mandatory jail minimum that cannot be fully suspended. Many people assume the outcome is fixed once the blood result comes in. It is not. The charge filed is the starting point for negotiation, not the final word.
Prosecutors in Phoenix and across Maricopa County weigh the full case picture before agreeing to amend charges. Driving behavior, field sobriety test conditions, the client’s history, and early engagement with treatment all factor into whether the State will reduce the charge tier. A skilled defense attorney presents that picture systematically, not just at the plea hearing but throughout the pre-trial period.
The Extreme DUI label also has long-term consequences beyond the sentence. It appears in background checks, affects professional licenses, and sets a higher enhancement baseline for any future traffic offense. A reduction to standard DUI changes that record permanently. Once you become eligible, you can also apply to have the conviction set aside under ARS § 13-905, and later petition to seal the case under ARS § 13-911 — typically three years after counseling completion for a non-Extreme DUI conviction.
Related resources
Call us
Facing a DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. If your charge involves an elevated BAC reading, the difference between an Extreme DUI conviction and a standard DUI conviction is significant in terms of jail time, fines, and long-term record impact. We handle DUI cases at Phoenix Municipal Court and courts throughout Maricopa County.
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.