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A Super Extreme DUI at the .20+ tier carried 45 days mandatory jail, an 18-month IID, license suspension, and fines over $3,000. Future First identified three problems with the State’s case and got the charge reduced all the way down to a non-DUI Class 2 Misdemeanor Reckless Driving with no jail and no probation.
At a glance
| Court | Scottsdale City Court |
| Original charges | Super Extreme DUI BAC .20 or More (ARS § 28-1382(A)(2)), Class 1 Misdemeanor; plus standard DUI counts under ARS § 28-1381 |
| Presumptive exposure | Mandatory minimum 45 days jail, fines and assessments exceeding $3,000, 18-month ignition interlock, 90-day to 1-year license suspension, alcohol screening and education, up to 5 years probation |
| Result | State amended Super Extreme DUI down to Reckless Driving (ARS § 28-693(A)), Class 2 Misdemeanor; suspended sentence with no jail or probation imposed; $564.20 fine; alcohol screening only; DUI counts dismissed |
| Eligibility for set aside | Eligible now under ARS § 13-905 |
| Eligibility for sealing | Approximately 2022 under ARS § 13-911 (Class 2 Misdemeanor wait) |
The stakes
The client faced a Super Extreme DUI charge in 2020 in the Phoenix area with a reported BAC at the .20 or above level. Super Extreme DUI under ARS § 28-1382(A)(2) is a Class 1 Misdemeanor carrying a mandatory minimum 45 days in jail, fines and assessments exceeding $3,000, mandatory ignition interlock for 18 months, license suspension, mandatory alcohol screening and education, and up to 5 years of probation.
The arrest happened after officers responded to a parking lot collision. The defense identified three problems with the State’s case. Police never confirmed who was driving before initiating the DUI investigation, the alleged witness identification was unreliable, and the officer continued implied consent admonitions in English after the client said they spoke Arabic.
What we did
After Future First filed a deviation letter laying out the probable cause failures, the identification problem, and the language barrier during the blood draw admonitions, the State amended the charges. The client pled to Reckless Driving, a Class 2 Misdemeanor, with a suspended sentence in 2020. No jail imposed, no probation imposed, $564.20 fine, alcohol screening required.
The Super Extreme DUI count and all companion DUI counts were dismissed. No ignition interlock ordered through the criminal court, no license suspension imposed at sentencing. The client is eligible to apply for set aside under ARS § 13-905 now. Sealing eligibility under ARS § 13-911 estimated 2022 under the Class 2 Misdemeanor wait.
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If you’re facing a Super Extreme DUI in Arizona
Arizona’s Super Extreme DUI tier under ARS § 28-1382(A)(2) triggers when the BAC reaches .20 or higher. Super Extreme carries the harshest first-offense DUI penalties in the state: 45 days mandatory jail (31 suspendable on ignition interlock compliance, so 14 actual days at the floor), 18-month judge-ordered IID, fines and assessments over $3,000, MADD victim impact panel, and license suspension.
Defense work that reduces a Super Extreme DUI all the way to a non-DUI charge is rare and depends on identifiable proof problems in the State’s case. Probable cause failures (officers initiating a DUI investigation without confirming the client was the driver), witness identification problems, and language-barrier defects during implied consent admonitions are all real defense issues when the facts support them. When the deviation memo lays out a credible path to suppression or trial loss, the State sometimes agrees to amend the charge down to Reckless Driving rather than risk the case.
Reckless Driving under ARS § 28-693(A) is a Class 2 Misdemeanor with no IID, no judge-ordered license action, and a shorter sealing wait than any DUI tier. Getting a Super Extreme DUI amended to Reckless Driving eliminates every collateral consequence specific to a DUI conviction.
Future First Criminal Law has handled Super Extreme DUI cases across Maricopa County and Arizona. We know how Scottsdale City Court and other municipal courts evaluate deviation requests, and how to assemble the proof issues that justify a non-DUI amendment.
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 or reckless driving conviction
Call us
Facing a Super 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.