An Extreme DUI charge with two stacked standard DUI counts at Phoenix Municipal Court would have triggered 30 days mandatory jail on conviction. Future First filed three formal deviation letters and toxicology challenges, and the State dismissed both the Extreme and BAC counts.

At a glance

Court	Phoenix Municipal 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; Extreme DUI BAC .15 or More (ARS § 28-1382(A)(1)), Class 1 Misdemeanor
Presumptive exposure (Extreme tier)	30 days mandatory jail with 21 days suspendable on ignition interlock compliance, fines and assessments around $2,743, 12-month judge-ordered ignition interlock, MADD victim impact panel, alcohol screening and treatment, license suspension
Result	Extreme and BAC counts dismissed; plea to lowest-tier A1 DUI under ARS § 28-1381(A)(1); 10 days jail with 8 suspended on substance abuse screening completion (2 actual days); $1,493 fines and fees; 12-month IID under ARS § 28-3319; MADD
Jail days saved	7 days below Extreme floor
Eligibility for set aside	Approximately 2023 under ARS § 13-905
Eligibility for sealing	Approximately 2025 under ARS § 13-911, three years after counseling completion

The stakes

The client faced three Class 1 misdemeanor DUI counts in Phoenix Municipal Court, including an Extreme DUI charge under ARS § 28-1382(A)(1) for a BAC at or above .15. Extreme DUI in Arizona carries 30 days of mandatory jail with 21 days suspendable on ignition interlock compliance, fines and assessments around $2,743, a 12-month judge-ordered ignition interlock, MADD victim impact panel, alcohol screening and treatment, and license suspension.

The standard ARS § 28-1381(A)(2) BAC count added separate mandatory jail exposure on conviction.

What we did

After Future First attacked the State’s case through discovery motions, toxicology challenges, blood evidence review, and three formal deviation letters to the prosecutor, the State agreed to dismiss the Extreme DUI count and the BAC count and accept a plea to the lowest-tier DUI under ARS § 28-1381(A)(1).

The court imposed 10 days jail with 8 days suspended on substance abuse screening completion, leaving 2 actual days. The client paid $1,493 in fines and fees, completed the 12-month IID under ARS § 28-3319, and completed a MADD victim impact panel. The firm pulled the case out of the Extreme DUI tier, saving 7 actual jail days from the Extreme floor and roughly $1,250 in fines. Set aside under ARS § 13-905 is eligible approximately 2023 after sentence completion. 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

Toxicology challenges are one of the most technically demanding parts of DUI defense. The State’s BAC evidence comes from breath or blood testing. Each method has its own reliability questions: breath testing depends on instrument calibration, sample collection technique, and the deprivation period before the test; blood testing depends on chain of custody, sample storage, and laboratory protocols. Defense work that surfaces specific reliability problems in any one of these areas can move the negotiation.

Multiple deviation letters over the life of a case can also build pressure on the prosecutor. The first letter introduces the defense theory. The second updates the State on rehabilitative progress or new evidence. The third often ties the case to a specific resolution proposal. When the State sees consistent defense engagement and a credible path to suppression or trial loss, the willingness to dismiss the higher-tier counts grows.

Future First Criminal Law has handled Extreme DUI cases across Maricopa County and Arizona. We know how Phoenix Municipal Court and other municipal courts evaluate toxicology challenges and how to structure multiple deviation letters over the life of a case.

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.