A Phoenix Super Extreme DUI carries a mandatory minimum of 45 consecutive days in jail. The client was charged at the .20 or more tier under ARS § 28-1382(A)(2). Future First negotiated the charge down one tier to Extreme DUI, cut the time served to 9 days, and got the court to reduce jail costs to $400.
At a glance
| Court | Phoenix Municipal Court |
| Original charge | Super Extreme DUI with BAC of .20 or More (ARS § 28-1382(A)(2)), Class 1 Misdemeanor |
| Exposure | Minimum 45 consecutive days in jail, fines and assessments exceeding $3,200, a 12-month ignition interlock device, and a permanent DUI conviction |
| Result | Reduced to Extreme DUI (ARS § 28-1382(A)(1)), 30 days jail with 21 suspended, 9 days served as 2 days jail and 7 days continuous alcohol monitoring, jail costs reduced to $400, remaining counts dismissed |
| Set aside | Eligible under ARS § 13-905 after completing all court requirements |
| Sealing | Eligible under ARS § 13-911 approximately 2030, three years after the 12-month interlock ends |
The stakes
The client faced a Phoenix Super Extreme DUI under ARS § 28-1382(A)(2), the .20 or more tier. This is the most serious misdemeanor DUI charge in Arizona. A Super Extreme DUI conviction carries a mandatory minimum of 45 consecutive days in jail that the court cannot suspend below the floor. It also carries fines and mandatory assessments exceeding $3,200, a 12-month ignition interlock device, mandatory alcohol screening and treatment, a MADD Victim Impact Panel, license suspension, and a permanent DUI conviction.
The State filed four counts in total, including two impairment counts under ARS § 28-1381 and the Extreme and Super Extreme counts under ARS § 28-1382. The top count set the exposure, and a guilty plea to the .20 or more tier would have locked in the 45-day jail floor and the higher fine schedule.
What we did
Future First negotiated the case down one tier. After Future First worked the discovery and pushed the case, the State amended the charge from Super Extreme DUI to Extreme DUI under ARS § 28-1382(A)(1) and dismissed the remaining counts. The drop from the .20 tier to the .15 tier cut the mandatory jail floor and lowered the fine schedule.
The client received 30 days in jail with 21 days suspended on completion of the interlock requirement. The client served 9 days, structured as 2 days in jail and 7 days on continuous alcohol monitoring. The court reduced jail costs to $400. The client paid $2,768 in fines and fees, accepted a 12-month ignition interlock device, and completed alcohol screening and treatment. A Phoenix Super Extreme DUI that started with a 45-day jail floor ended as an Extreme DUI with 9 days served and jail costs cut to $400.
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If you are facing DUI charges in Arizona
Arizona splits misdemeanor DUI into tiers. A standard DUI under ARS § 28-1381 starts the ladder. An Extreme DUI under ARS § 28-1382(A)(1) applies at a BAC of .15 to under .20. A Super Extreme DUI under ARS § 28-1382(A)(2) applies at .20 or more and carries the 45-day mandatory jail floor. Each step up the ladder raises the mandatory jail, the fines, and the interlock period.
Tier matters. Reducing a Super Extreme DUI to an Extreme DUI changes the mandatory minimum and the fine schedule, and it changes how the conviction reads on a record. The defense looks at the stop, the driving, the field sobriety tests, the blood or breath testing, and the chain of custody. Each pressure point can support a reduction or a dismissal of the top count.
DUI cases carry hard deadlines for the court case and a separate track at the Motor Vehicle Division. The earlier a defense lawyer reviews the discovery, the more room there is to fight the top tier.
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Call us
Facing a DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We fight the top tier and work to cut jail, fines, and the conviction that lands on your record.
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.