The client faced a Phoenix Super Extreme DUI, the most serious misdemeanor DUI charge in Arizona. Future First held the conviction to the charge but stripped the punishment down. The court waived jail costs and let the client serve the remaining jail on continuous alcohol monitoring at home instead of in custody.
At a glance
| Court | Phoenix Municipal Court |
| Original charge | Super Extreme DUI with a BAC of .20 or more (ARS § 28-1382(A)(2)), Class 1 Misdemeanor, plus three companion DUI counts |
| Exposure | 45 consecutive days in jail floor, jail costs, fines and assessments over $3,200, 18-month ignition interlock, license suspension |
| Result | Three companion counts dismissed, 3 days credited, 11 days served on continuous alcohol monitoring instead of jail, jail costs waived |
| Eligibility for set aside | After all court requirements are complete |
| Eligibility for sealing | Approximately 2031, three years after the interlock period ends |
The stakes
The client was charged in Phoenix Municipal Court with Super Extreme DUI under ARS § 28-1382(A)(2), the .20 or more tier and the most serious misdemeanor DUI charge in Arizona. The reported blood alcohol concentration was more than three times the legal limit. The State filed four counts in total, two impairment counts under ARS § 28-1381 and the Extreme and Super Extreme counts under ARS § 28-1382.
A Super Extreme DUI carries a mandatory minimum of 45 consecutive days in jail. It also carries fines and mandatory assessments exceeding $3,200, an 18-month ignition interlock device, mandatory alcohol screening and treatment, a Victim Impact Panel, a license suspension, and a permanent DUI conviction. The State plea offer required the client to serve the jail floor in custody and to pay the jail costs on top of the fines.
What we did
Future First worked the discovery and pushed a deviation request to the prosecutor and the court. The State dismissed the two impairment counts and the Extreme count, leaving the single Super Extreme count. At sentencing the court adopted the deviation. The client received 3 days of credit for time already served and the court suspended 31 days on completion of the 18-month interlock requirement.
The remaining 11 days were ordered served on continuous alcohol monitoring at home, not in jail. The court waived the jail costs entirely. The client paid fines and assessments of about $3,213, accepted the 18-month interlock, and agreed to alcohol screening and treatment. The headline number on a Phoenix Super Extreme DUI is the in-custody jail floor and the jail costs that ride on top of it. Future First removed both of those from this client’s life.
What our clients say
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If you are facing a DUI in Arizona
A Super Extreme DUI is the top tier of misdemeanor DUI in Arizona. The jail floor is real and the court cannot suspend below it. The fight on these cases is rarely about making the charge disappear. It is about controlling how the sentence lands.
Continuous alcohol monitoring lets a client serve part of a jail term at home on an ankle monitor instead of behind bars. Jail costs are a separate bill the court can impose for every day served, and a waiver of those costs can save a client well over a thousand dollars. Both of those outcomes take a defense lawyer who knows the local court and files the deviation argument the right way.
If you are charged with any DUI in Arizona, the time to build the deviation argument is before the plea, not after.
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Call us
Facing a Super Extreme DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We know the Phoenix area courts and we fight to keep our clients out of jail and out of pocket.
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.