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Three Class 1 Misdemeanor DUI counts at a Pinal County justice court included an Extreme DUI charge with 30 days mandatory jail and a 12-month judge-ordered IID on conviction. Future First got both the Extreme and BAC counts dismissed and pulled the plea to the lowest-tier DUI only.
At a glance
| Court | Pioneer Justice Court (Pinal County) |
| 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 to .20 (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 counseling, license suspension, up to 5 years probation |
| Result | BAC count and Extreme DUI count dismissed; plea to Count 1 only (lowest-tier A1 DUI); 10 days jail with 9 suspended on counseling + MADD (1 actual day); $1,530 fines and fees; 60 months unsupervised probation |
| Jail days saved | 8 days below Extreme floor |
| Eligibility for set aside | Approximately 2022 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 at a justice court in Pinal County after a 2021 traffic incident. Count 1 alleged DUI Impaired to Slightest Degree under ARS § 28-1381(A)(1). Count 2 alleged DUI BAC .08 or more under ARS § 28-1381(A)(2). Count 3 alleged Extreme DUI BAC .15 to .20 under ARS § 28-1382(A)(1).
An Extreme DUI conviction in Arizona carries 30 days mandatory jail with 21 days suspendable on ignition interlock compliance, fines and assessments around $2,743, a 12-month ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension, and probation up to 5 years.
What we did
After Future First negotiated the plea and pushed the State on its proof, both the BAC count and the Extreme DUI count were dismissed. The client pled to Count 1 only, the lowest-tier ARS § 28-1381(A)(1) DUI.
The court imposed 10 days jail with 9 days suspended on completion of substance abuse counseling and MADD victim impact panel, $1,530 in fines and fees, and 60 months unsupervised probation. The firm avoided the 30-day mandatory Extreme DUI tier entirely. The client is eligible to set aside the conviction under ARS § 13-905 now and eligible to seal the record under ARS § 13-911 approximately 2025, three years after counseling completion.
What our clients say
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If you’re facing an Extreme DUI in Arizona
Arizona’s Extreme DUI tier under ARS § 28-1382(A)(1) triggers when the BAC reaches .15 or higher. A reading at the low end of the Extreme range (.150 to about .175) sits at the most defensible posture for tier-reduction negotiation. The State has to prove the BAC at the time of driving, not at the time of the blood draw, which leaves room for retrograde-extrapolation challenges and similar defenses.
Pulling an Extreme DUI down to the lowest-tier standard DUI under § 28-1381(A)(1) eliminates the 30-day mandatory jail floor, the 12-month judge-ordered ignition interlock, and the higher fine package. The standard DUI tier carries its own mandatory penalties (10 days mandatory with 9 suspendable, MVD-side IID), but the floor is dramatically lower than the Extreme tier.
Future First Criminal Law has handled Extreme DUI tier-reduction cases across Pinal County, Maricopa County, and Arizona. We know how Pioneer Justice Court and other justice courts evaluate impairment-proof challenges and how to structure a plea that exits the Extreme tier entirely.
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.