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Two BAC readings of .163 and .167 put the case in Extreme DUI territory at Scottsdale City Court with 9 actual jail days at the statutory floor. Future First worked early pretrial discovery, the State amended the lead charge down to Regular DUI, and the client served zero actual days in custody.
At a glance
| Court | Scottsdale City Court |
| Original charges | Extreme DUI (ARS § 28-1382(A)(1)), Class 1 Misdemeanor (lead count, BrAC .163 and .167); DUI Impaired (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; DUI BAC .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor; plus two civil traffic counts |
| Presumptive exposure (Extreme tier) | 30 days jail with 21 days suspended on ignition interlock compliance (9 actual), 12-month ignition interlock, alcohol screening and classes, fines and surcharges around $2,700, probation eligibility, home detention |
| Result | State amended lead charge down to Regular DUI under ARS § 28-1381(A)(1); 10 days jail with 9 suspended on alcohol screening completion (zero actual days served); $500 base fine plus $2,009.20 with surcharges; no probation; IID followed Regular DUI rule rather than Extreme |
| Eligibility for set aside | Approximately 2024 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2026 under ARS § 13-911 pending MVD confirmation of IID removal date |
The stakes
The client was stopped in 2022 after a traffic stop for an improper right turn and lane drift. Officers reported odor of alcohol, slurred speech, six of six clues on horizontal gaze nystagmus, and a portable breath test reading. Blood draws produced breath alcohol readings of .163 and .167, both above the .15 Extreme DUI threshold.
The State charged Extreme DUI, Regular DUI, DUI per se, and two civil traffic counts. The Extreme DUI charge carried a mandatory minimum of 30 days jail with 21 suspended on interlock compliance, mandatory ignition interlock of 12 months or more, higher fines, probation exposure, and a permanent Class 1 Misdemeanor on the record.
What we did
After Future First filed a Notice of Appearance, requested a pretrial conference, and worked discovery to develop pressure on the Extreme DUI elements, the State agreed to amend the charge down to Regular DUI under ARS § 28-1381(A)(1), a Class 1 Misdemeanor.
The court accepted the plea and imposed 10 days jail with 9 days suspended on alcohol screening completion, leaving zero actual days served. Fines came down to a $500 base with surcharges totaling $2,009.20. No probation was ordered. The ignition interlock requirement followed the Regular DUI rule rather than the Extreme rule. Set aside under ARS § 13-905 is eligible approximately 2024. Sealing under ARS § 13-911 is eligible approximately 2026 pending MVD confirmation of the IID removal date.
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If you’re facing an Extreme DUI in Arizona
The early pretrial conference is one of the strongest leverage points in a DUI case. Filing a Notice of Appearance and requesting an early conference signals to the prosecutor that the defense intends to engage substantively rather than wait for the standard plea offer. The conference itself gives defense counsel a structured opportunity to surface proof problems, identify mitigating factors, and start the negotiation before the State commits to a hard plea posture.
When the BAC readings sit just above the Extreme threshold (.150 to .175), the proof analysis becomes more sensitive to small variables. Time elapsed between driving and chemistry, breath instrument calibration, and absorption-phase chemistry all become arguable. The State’s burden to prove BAC at the time of driving (not at the time of the test) gives defense counsel real room to negotiate.
A zero-days-served outcome on an Extreme DUI starts with the tier reduction. Once the case drops to Regular DUI, the statutory floor is 10 days with 9 suspendable on screening. With program completion before or at sentencing, the actual custody time can be zero.
Future First Criminal Law has handled Extreme DUI cases across Maricopa County and Arizona. We know how Scottsdale City Court and other municipal courts evaluate early-pretrial-conference negotiations and how to structure a plea around zero in-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 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.