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A measured BAC of .153 put the case in Extreme DUI territory with 30 days mandatory jail and a 12-month judge-ordered ignition interlock on conviction. Future First pushed deprivation-period and field sobriety issues and got both the Extreme and BAC counts dismissed with no court-ordered IID.
At a glance
| Court | Scottsdale City 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 to .20 (ARS § 28-1382(A)(1)), Class 1 Misdemeanor; Improper Right Turn (ARS § 28-751.1), civil traffic |
| 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, 90-day license suspension |
| Result | Extreme count, BAC count, and Improper Turn count dismissed; plea to standard DUI under ARS § 28-1381(A)(1); 10 days jail with 9 suspended on screening (1 actual day); $2,043.20 fines and assessments; MADD; screening and treatment; no court-ordered IID |
| Jail days saved | 8 days below Extreme floor |
| Eligibility for set aside | Approximately 2022 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2024 to 2025 under ARS § 13-911, three years after counseling completion |
The stakes
The client faced three Class 1 misdemeanor DUI counts and one civil traffic count at Scottsdale City Court after a 2021 traffic stop with a measured BAC of .153, above the Extreme DUI threshold. The State filed DUI Impaired to Slightest Degree under ARS § 28-1381(A)(1), DUI BAC .08 or more under ARS § 28-1381(A)(2), Extreme DUI BAC .15 to .20 under ARS § 28-1382(A)(1), and Improper Right Turn.
An Extreme DUI conviction 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 a 90-day license suspension.
What we did
After Future First pushed evidentiary issues including deprivation period timing and Standardized Field Sobriety Test conditions, the State agreed to a plea on the standard DUI count under ARS § 28-1381(A)(1) and dismissed the Extreme DUI count, the BAC count, and the Improper Turn count.
The court imposed 10 days jail with 9 days suspended on completion of alcohol screening, $2,043.20 in fines and assessments, MADD victim impact panel, and alcohol screening and treatment. The court did not impose an ignition interlock, leaving any IID requirement to MVD’s separate administrative process. The firm pulled the case out of the Extreme DUI tier, saving 8 actual jail days from the Extreme floor and roughly $700 in fines. Set aside under ARS § 13-905 is eligible approximately 2022. Sealing records under ARS § 13-911 is eligible approximately 2024 to 2025, three years after counseling completion.
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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 just above .15 sits at the bottom of the Extreme range and represents the strongest factual posture for tier-reduction negotiation. The deprivation period (the required wait between the last drink/contamination and the breath/blood test) and the Standardized Field Sobriety Test conditions both become defense angles when the chemistry is borderline Extreme.
Deprivation-period challenges typically focus on whether the officer observed the client continuously for the full required period before the test, whether the client may have burped or regurgitated within the window (which can elevate breath alcohol artifically), and whether the officer documented the deprivation period accurately. SFST challenges focus on the specific environmental conditions (lighting, surface, weather) that affect test reliability.
Eliminating the court-ordered ignition interlock is a meaningful win even when the underlying conviction stays in place. The MVD-side IID requirement runs administratively and is generally shorter than the judge-ordered Extreme DUI IID. Avoiding the court IID can save 6 months or more of IID time.
Future First Criminal Law has handled Extreme DUI tier-reduction cases across Maricopa County and Arizona. We know how Scottsdale City Court and other municipal courts evaluate deprivation-period challenges and SFST condition challenges.
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.