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A 2nd Offense Extreme DUI in Phoenix Municipal Court would have required 60 consecutive days in custody, near $2,750 in DUI fund assessments, and a separate no-insurance fine. Future First narrowed the case to one count, restructured the 120-day jail term into 96 days home detention, and got the no-insurance fine eliminated.
At a glance
| Court | Phoenix Municipal Court |
| Original charges | Extreme DUI BAC .15 to .20 (ARS § 28-1382(A)(1)) charged as 2nd Offense within 84 months, Class 1 Misdemeanor; companion DUI Impaired (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; companion DUI BAC .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor; plus civil traffic counts (failure to drive on right half of roadway, improper position for left turn, no proof of insurance) |
| Presumptive exposure | 120 days jail with 60 days served consecutively in custody, $500 fine plus surcharges ($934 total), $1,250 Prison Fund Assessment, $1,250 Public Safety Equipment Assessment, $250 Alcohol Abatement Assessment, $4 POTEF, substance abuse screening, 30 hours community restitution, 12-month IID, victim impact panel, plus separate $934 fine on the financial responsibility count |
| Result | Four companion counts dismissed; plea to Extreme DUI 2nd Offense only; 96 of 120 days converted from custody to home detention |
| Fine eliminated | $934 financial responsibility fine resolved at zero dollars upon proof of 6 months of insurance |
| Eligibility for set aside | Approximately 2021 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2024 under ARS § 13-911, three years after the one-year judge-ordered IID ends |
The stakes
The client was stopped in Phoenix in 2020 after a wide left turn from the wrong lane, then a curb strike. Blood came back at 0.167. Because the client had a prior Extreme DUI conviction inside the 84-month window, the State filed a 2nd Offense Extreme DUI plus a per-se count, a slightest-degree count, two civil traffic violations, and a no-insurance count.
The State’s offer demanded 120 days of jail with 60 days served consecutively in custody, the full DUI fund stack near $2,750, jail costs, 30 hours community restitution, 12-month IID, plus a separate $934 fine on the no-insurance count. Sixty consecutive days inside is the kind of sentence that costs people jobs, custody arrangements, and housing.
What we did
Future First negotiated the four companion counts dismissed, leaving the client pleading to one count. The firm restructured the 120-day jail term to allow 96 days on home detention rather than in-custody confinement, keeping the client out of jail for the bulk of the sentence.
The no-insurance count was resolved at zero dollars upon proof of 6 months of insurance, eliminating that $934 fine. The client completed the 12-month IID, the 30 hours of community restitution, alcohol screening, and the victim impact panel. The client may apply to set aside the conviction under ARS § 13-905 in 2021, and to seal the record under ARS § 13-911 in 2024, three years after the one-year judge-ordered IID ends.
What our clients say
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If you’re facing a 2nd Offense DUI in Arizona
Arizona’s repeat-offense DUI framework triggers when a new DUI offense occurs within 84 months of a prior DUI conviction. The 2nd offense versions of standard DUI (ARS § 28-1381), Extreme DUI (ARS § 28-1382), and Super Extreme DUI carry significantly higher mandatory minimums than the first offense, and the suspended portion of the jail term shrinks dramatically. On a 2nd Offense Extreme DUI, 60 of the 120 days must be served consecutively, with limited paths to home detention or work release without prosecutor and court agreement.
Home detention conversion is one of the strongest sentencing tools available in a 2nd offense case where the conviction itself cannot be avoided. The client serves the time at home with monitoring rather than in custody. Employment, family, and housing all stay intact through the sentence. Getting the court to convert a portion of the sentence to home detention requires the State’s agreement and a structured plea negotiation.
Future First Criminal Law has handled 2nd Offense DUI cases at every tier across Maricopa County and Arizona. We know how Phoenix Municipal Court and other municipal courts evaluate home detention conversion requests, and how to structure a plea so the State agrees to dismiss companion counts and convert custody days.
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 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.