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A four-count DUI case at Surprise City Court included a Super Extreme DUI lead count after a .210 BAC reading. Future First negotiated the Super Extreme count and both standard DUI counts dismissed with prejudice. Plea to the Extreme DUI tier only.
At a glance
| Court | Surprise 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; Super Extreme DUI BAC .20 or More (ARS § 28-1382(A)(2)), Class 1 Misdemeanor |
| Presumptive exposure (Super Extreme tier) | 45 days mandatory jail with 31 days suspendable on ignition interlock compliance, fines and assessments around $3,188, 18-month ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension, up to 5 years probation |
| Result | Super Extreme count and both standard DUI counts dismissed with prejudice; plea to Count 3 (Extreme DUI tier) only; 45 days jail with 34 suspended on plea-term completion (2 days in custody plus 9 days home detention); $2,743 fines and fees; 2 years summary probation; 12-month CIID; MADD; SAGE substance abuse counseling |
| Eligibility for set aside | Eligible now after sentence completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2026 under ARS § 13-911, three years after the one-year judge-ordered IID ends |
The stakes
The client faced four Class 1 misdemeanor DUI counts at a Surprise municipal court after a 2021 traffic incident with a measured BAC of .210, well into Super Extreme DUI territory. The State filed two counts under ARS § 28-1381 for impaired-to-slightest-degree and BAC .08 or more, one count under ARS § 28-1382(A)(1) for Extreme DUI .15 to .20, and one count under ARS § 28-1382(A)(2) for Super Extreme DUI .20 or more.
A Super Extreme conviction in Arizona carries 45 days mandatory jail with 31 days suspendable on ignition interlock compliance, fines and assessments around $3,188, an 18-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 impairment proof, the Super Extreme DUI count and both standard DUI counts were dismissed with prejudice. The client pled to Count 3 only, the Extreme DUI tier.
The court imposed 45 days jail with 34 days suspended on successful completion of plea terms (2 days in custody plus 9 days home detention), $2,743 in fines and fees, 2 years summary probation, the 12-month CIID requirement, MADD victim impact panel, and SAGE substance abuse counseling. The firm pulled the case out of the Super Extreme tier, which would have added a longer mandatory jail term, a longer ignition interlock requirement, and a higher fine structure. 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 2026, three years after the one-year judge-ordered ignition interlock ends.
What our clients say
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If you’re facing a multi-count Super Extreme DUI in Arizona
Arizona’s tier system stacks DUI counts when the chemistry crosses multiple thresholds. A .210 BAC reading triggers all three statutory tiers under ARS § 28-1381 and § 28-1382: standard DUI impairment, BAC .08+, Extreme .15+, and Super Extreme .20+. The State files all four counts in many of these cases to preserve maximum leverage at plea time.
Negotiating down the tier ladder one step (Super Extreme to Extreme) cuts the mandatory jail floor from 14 actual days to 9, the IID requirement from 18 months to 12, and roughly $445 off the fine package. Dismissing the lower-tier alternate-theory counts at the same time cleans up the record by leaving only one DUI count on the books.
Dismissal “with prejudice” matters too. Counts dismissed with prejudice cannot be refiled. The dismissed counts are off the record permanently and the State cannot revive them if the plea later falls apart.
Future First Criminal Law has handled multi-count Super Extreme DUI cases across Maricopa County and Arizona. We know how Surprise City Court and other municipal courts evaluate tier-reduction motions and how to structure a plea that closes out the higher-tier counts permanently.
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 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.