An Extreme DUI plus an Underage DUI count at Tempe Municipal Court carried 9 actual jail days at the Extreme floor, a 12-month IID, mandatory 2-year underage license suspension, and two permanent DUI convictions on the record. Future First got both counts dismissed and resolved the case to a single Slightest Degree DUI with 1 actual jail day and no IID ordered.
At a glance
| Court | Tempe Municipal Court |
| Original charges | Extreme DUI BAC .15 to .20 (ARS § 28-1382(A)(1)), Class 1 Misdemeanor; Underage DUI – Minor Operating with Liquor in Body (ARS § 4-244(34)), Class 1 Misdemeanor |
| Presumptive exposure | 30 days mandatory jail with up to 21 days suspendable on IID and counseling completion (9 days actual floor), a 12-month judge-ordered ignition interlock device, base fines starting at $2,500 plus 84 percent surcharges and statutory assessments approaching $4,500 total, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol screening and treatment, automatic driver license suspension, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and a permanent Extreme DUI tier conviction. The Underage DUI count added a mandatory 2-year license suspension and an underage-drinking flag that follows on background checks for years |
| Result | State dismissed both the Extreme DUI count and the Underage DUI count; case amended to a single Class 1 Misdemeanor DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1); 10 days jail with 9 suspended on counseling completion (1 actual instead of 9 at the Extreme floor, 8 jail days saved); alcohol screening and counseling completed pre-sentencing; $2,373 fines paid in full; no IID ordered |
| Eligibility for set aside | Immediately under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after sentence completion, with the public-record imprint dropped from Extreme plus Underage DUI to Slightest Degree |
The stakes
The client faced two Class 1 Misdemeanor counts in Tempe Municipal Court: Extreme DUI under ARS § 28-1382(A)(1) at BAC .186 plus Underage DUI under ARS § 4-244(34). The Extreme DUI conviction would have meant 30 days mandatory jail with up to 21 days suspendable on IID and counseling completion (9 days actual floor), a 12-month judge-ordered ignition interlock device, base fines starting at $2,500 plus 84 percent surcharges and assessments approaching $4,500 total, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol screening and treatment, automatic driver license suspension, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and a permanent Extreme DUI tier conviction. The Underage DUI count added a mandatory 2-year license suspension and an underage-drinking flag that follows the client on background checks for years.
What we did
Future First negotiated the case down by getting both the Extreme DUI and Underage DUI counts dismissed and amending to a single Class 1 Misdemeanor DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1). The client served 10 days jail with 9 days suspended on counseling completion (1 actual instead of 9 at the Extreme floor), saving 8 actual jail days. Alcohol screening and counseling were already completed pre-sentencing. Fines paid in full at $2,373. No IID ordered. Set aside under ARS § 13-905 available immediately. Arrest record sealing under ARS § 13-911 eligible approximately 2028, three years after sentence completion, with the public-record imprint dropped from Extreme plus Underage DUI to Slightest Degree.
What our clients say
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If you’re facing Extreme DUI plus Underage DUI in Arizona
Dismissing both counts and amending to a single substitute Slightest Degree count is an extraordinary outcome on a stacked Extreme plus Underage DUI case. The standard plea structure on this fact pattern typically retains one count as a conviction. Getting both dismissed and a single Slightest Degree count substituted produces the cleanest possible record imprint short of full dismissal.
No IID ordered on a former Extreme DUI case is rare. The judge-ordered IID is typically a mandatory condition on Extreme DUI convictions even when the plea reduces the charge. The lack of an IID requirement on the Slightest Degree substitute means the client avoids both the device cost and the 12-month MVD reporting period that drives the sealing-clock math.
Future First Criminal Law has handled stacked Extreme DUI plus Underage DUI cases across Maricopa County and Arizona. We know how Tempe Municipal Court evaluates two-tier reduction with count-dismissal structures.
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 stacked Extreme DUI plus Underage DUI in Arizona? Call Future First Criminal Law at 602-932-7890 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.