Arizona Super Extreme DUI Lawyers
Charged with a super extreme DUI for a BAC of .20 or higher under A.R.S. § 28-1382(A)(2)? It is the harshest misdemeanor DUI in Arizona, carrying a mandatory minimum 45 days in jail, fines and fees over $3,200, and an 18-month ignition interlock. The charge rests on a single number, so the test is exactly what we attack. Do not assume the result is correct.
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What Is a Super Extreme DUI in Arizona?
Quick answer: A super extreme DUI under A.R.S. § 28-1382(A)(2) is charged when your alcohol concentration is .20 or higher within two hours of driving. It is still a Class 1 misdemeanor, but it is the harshest misdemeanor DUI in Arizona: a first offense carries a mandatory minimum 45 days in jail, fines and fees over $3,200, a certified ignition interlock for about 18 months, a 90-day license suspension, and alcohol treatment. By contrast, an extreme DUI is .15 to .199 with a 30-day minimum, and a standard DUI is .08 to .149. Because the charge rests entirely on a breath or blood number, even a small error that drops the reading below .20 can cut a super extreme down to an extreme DUI.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending super extreme DUI and other DUI cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is a Super Extreme DUI in Arizona?
- What is a super extreme dui in arizona?
- Is a super extreme DUI a felony in Arizona?
- How much jail time does a super extreme DUI carry?
- What is the difference between extreme and super extreme DUI?
- How does the State prove a super extreme DUI?
- Can a super extreme DUI be reduced?
- Standard vs. Extreme vs. Super Extreme
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with super extreme DUI in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 28-1382, the penalties, and the defenses that matter most.
What is a super extreme dui in arizona?
A super extreme DUI under A.R.S. § 28-1382(A)(2) is a DUI with an alcohol concentration of .20 or higher within two hours of driving. It is still a Class 1 misdemeanor, but it is the harshest misdemeanor DUI, carrying a mandatory minimum 45 days in jail on a first offense, an 18-month ignition interlock, and the highest fines.
Awards & Recognition
Our recognition for Phoenix DUI defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix DUI lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Is a super extreme DUI a felony in Arizona?
No. A super extreme DUI is a Class 1 misdemeanor, not a felony. However, a third DUI within 84 months, or a DUI committed on a suspended license or with a child under 15, becomes an aggravated (felony) DUI under A.R.S. § 28-1383, with prison exposure.
How much jail time does a super extreme DUI carry?
A first super extreme DUI carries a mandatory minimum of 45 days in jail, compared to 30 days for an extreme DUI. A second super extreme within 84 months jumps to 180 days. These minimums cannot simply be suspended by the judge once you are convicted at that level.
What is the difference between extreme and super extreme DUI?
The threshold. An extreme DUI is a BAC of .15 to .199 with a mandatory 30-day jail minimum, while a super extreme DUI is .20 or more with a 45-day minimum and an 18-month interlock. Both are Class 1 misdemeanors, but the super extreme carries the heaviest misdemeanor DUI penalties.
How does the State prove a super extreme DUI?
Almost entirely with the breath or blood number, it must show your alcohol concentration was .20 or higher within two hours of driving. Because the charge rests on a single result, the stop, the arrest, and the accuracy of that test are the heart of the defense.
Can a super extreme DUI be reduced?
Yes. Because the charge depends on one number, attacking the breath or blood test, its margin of error, calibration, mouth alcohol, or timing, can pull the reliable reading below .20 and reduce a super extreme to an extreme DUI, or below .15 to a standard DUI, cutting the mandatory jail.
Standard vs. Extreme vs. Super Extreme
A few hundredths of a point separate these charges, and each step up adds weeks of mandatory jail. That is why fighting for the number matters.
| DUI Type | BAC | Statute | Class | Mandatory Minimum Jail |
|---|---|---|---|---|
| Standard DUI | .08 – .149 | 28-1381 | Class 1 Misd. | 10 days (up to 9 suspendable) |
| Extreme DUI | .15 – .199 | 28-1382(A)(1) | Class 1 Misd. | 30 days |
| Super Extreme DUI | .20 + | 28-1382(A)(2) | Class 1 Misd. | 45 days |
A second super extreme within 84 months carries 180 days, and a third DUI in 84 months becomes an aggravated (felony) DUI.
What the State Must Prove for Super Extreme DUI
To convict you of Super Extreme DUI under A.R.S. § 28-1382, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Driving or actual physical control. You were driving or in actual physical control of a vehicle.
- 2In Arizona, on a road or area open to the public. Arizona’s DUI laws applied to where you were.
- 3An alcohol concentration of .20 or more. A breath or blood test placed your level at .20 or higher, the element that makes the DUI ‘super extreme.’
- 4Within two hours of driving. The .20 result must be shown within two hours of driving and stem from alcohol consumed before or while driving.
Examples of Conduct Charged as Super Extreme DUI
- A breath or blood test reading of .20 or higher
- A blood draw of .22 following a traffic stop
- A second super extreme DUI within 84 months
- A super extreme DUI charged on the number alone, with no bad driving
- A .20+ reading that is borderline once the margin of error is applied
What Sentence Could You Actually Face?
A super extreme DUI is a misdemeanor, but it carries the harshest mandatory jail of any misdemeanor DUI, plus the longest interlock, a suspension, and over $3,200 in fines. The reading drives the term.
Standard
.08–.149 BAC
Extreme
.15–.199 BAC
Super Extreme
.20+ BAC
⚠ The 45 Days Is Mandatory, Until You Beat the Number
A super extreme DUI’s minimum jail term cannot simply be waived by the judge once you are convicted at that level. That is why the time to fight is before a plea, by attacking the stop and the test. If the reliable reading drops below .20, the charge, and the mandatory 45 days, drop to an extreme DUI with them, and below .15 it becomes a standard DUI.
Arizona DUI Penalty Estimator
Want the full out-of-pocket cost (insurance, interlock, attorney)? Try the Arizona DUI Cost Calculator.
How We Fight Arizona Super Extreme DUI Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Stop & Arrest
No Reasonable Suspicion for the Stop. If police lacked a lawful reason to pull you over, the stop is unconstitutional and the breath or blood result can be suppressed.
No Probable Cause to Arrest. Field sobriety tests are subjective and frequently administered incorrectly. Without valid probable cause, the arrest and the test can be thrown out.
No Actual Physical Control. Sitting in a parked car is not always driving. Where you were not in actual physical control, there is no DUI to call super extreme.
Improper Warrant or Refusal Process. Blood drawn without a valid warrant or consent, or admin-per-se violations, can lead to suppression.
Attacking the Number
Margin of Error. Every test has a known uncertainty. Applying the lab’s own margin can drop a .20 below the super extreme threshold and into the extreme range.
Breath-Machine Errors. Calibration lapses, the 15-minute observation, mouth alcohol, GERD, and radio interference all produce false highs on the Intoxilyzer.
Blood-Draw & Chain-of-Custody Problems. An improper draw, unqualified phlebotomist, fermentation, or a broken chain of custody can make the blood result inadmissible.
Rising BAC. Alcohol absorbs over time, so your level may have been below .20 while driving and only crossed it by the time of the test, which is what the law requires the State to prove.
Medical Conditions & Diet. Acid reflux, diabetes, and low-carb diets can all skew a breath reading upward, independent of how much you drank.
The Experts We Bring to DUI Cases
A DUI is a science case. We bring the specialists who take the State’s numbers apart, click any to see how.
Forensic Toxicologists
BAC & Absorption
Independently review the blood and breath results, the absorption curve, and whether the alleged number reflects your true level at the time of driving.
Breath-Test Analysts
Intoxilyzer & Calibration
Examine the machine’s calibration and maintenance logs and the 15-minute observation, exposing mouth alcohol, radio interference, and operator error that inflate readings.
Blood & Lab Experts
Gas Chromatography
Audit the blood draw, storage, fermentation risk, lab protocol, and reported uncertainty, where applying the margin of error can drop the reading below the threshold.
Medical Experts
GERD, Diabetes & Diet
Explain how acid reflux, diabetes, and low-carb diets can push a breath reading upward, independent of how much alcohol was actually consumed.
Field Sobriety Experts
NHTSA Protocol
Evaluate whether the standardized field sobriety tests were administered and scored correctly, and whether the “clues” really show impairment.
Records & Discovery Specialists
Maintenance & Logs
Pull the full calibration history, repair records, and the discovery the State would rather not produce, the paper trail that often reveals an unreliable machine.
Recent Super Extreme DUI Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles super extreme DUI cases across Arizona.
Super Extreme DUI, Blood .21
Reduced to Extreme
Chain-of-custody gaps and fermentation undermined the blood result. With the uncertainty applied, the charge dropped from super extreme to extreme, cutting the mandatory jail nearly in half.
Super Extreme DUI, Calibration Failure
Reduced to Extreme
Maintenance records showed the breath machine was out of calibration, dropping a .20 below the super extreme threshold.
Super Extreme DUI, Unlawful Stop
Charges Dismissed
The traffic stop lacked reasonable suspicion. We moved to suppress, and once the breath result was thrown out, the State dismissed the case.
Super Extreme DUI, Rising BAC
Reduced to Standard DUI
A rising-BAC defense showed the level was well below the threshold while driving, eliminating the mandatory jail tied to the higher tiers.
Super Extreme DUI, Mouth Alcohol
Reduced to Extreme
A skipped 15-minute observation and likely mouth alcohol called the .20 into question, cutting the charge to an extreme DUI.
Super Extreme DUI, No Physical Control
Charges Dismissed
Our client was parked and not in actual physical control, defeating the DUI entirely.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best super extreme DUI lawyer in Arizona, a .20 BAC DUI attorney, Phoenix super extreme DUI defense, or an A.R.S. 28-1382 DUI charge. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend super extreme DUI and other DUI cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona dui charges practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Super Extreme DUI FAQs
Quick answers to the questions we hear most about super extreme DUI charges, penalties, and defenses in Arizona.
What is a super extreme DUI in Arizona?
A super extreme DUI under A.R.S. 28-1382(A)(2) is a DUI with an alcohol concentration of .20 or higher within two hours of driving. It is still a Class 1 misdemeanor, but it is the harshest misdemeanor DUI, carrying a mandatory minimum 45 days in jail on a first offense, an 18-month ignition interlock, and the highest fines.
Is a super extreme DUI a felony?
No. A super extreme DUI is a Class 1 misdemeanor, not a felony. However, a third DUI within 84 months, or a DUI committed on a suspended license or with a child under 15, becomes an aggravated (felony) DUI under A.R.S. 28-1383, with prison exposure.
How much jail time does a super extreme DUI carry?
A first super extreme DUI carries a mandatory minimum of 45 days in jail, compared to 30 days for an extreme DUI. A second super extreme within 84 months jumps to 180 days. These minimums cannot simply be suspended by the judge once you are convicted at that level.
What is the difference between extreme and super extreme DUI?
The threshold. An extreme DUI is a BAC of .15 to .199 with a mandatory 30-day jail minimum, while a super extreme DUI is .20 or more with a 45-day minimum and an 18-month interlock. Both are Class 1 misdemeanors, but the super extreme carries the heavier penalties.
Can a super extreme DUI be reduced?
Yes. Because the charge depends on a single number, attacking the breath or blood test, its margin of error, calibration, mouth alcohol, or timing, can pull the reliable reading below .20 and reduce a super extreme to an extreme DUI, or below .15 to a standard DUI, cutting the mandatory jail.
Will I lose my license for a super extreme DUI?
Yes. A super extreme DUI brings a 90-day license suspension and an 18-month certified ignition interlock requirement, plus a separate MVD action with a short deadline to request a hearing. We address both the criminal case and the license.
How accurate are breath and blood tests at .20?
No more accurate than at any other level. Breath machines require careful calibration and a 15-minute observation, and acid reflux, diabetes, and radio interference can skew them. Blood results depend on a proper draw, storage, and lab work, and every test carries a margin of error that can move a borderline .20.
Do I have to install an ignition interlock?
Yes. A super extreme DUI conviction requires a certified ignition interlock device for about 18 months after your license is reinstated, the longest of any misdemeanor DUI. We work to minimize the duration and the overall impact, and it disappears if the charge is reduced or dismissed.
Should I just plead guilty to a super extreme DUI?
Not before a lawyer reviews the test. Once you plead, the mandatory 45 days and the 18-month interlock are locked in. The number is frequently challengeable, and a review costs you nothing, call for a free, confidential consultation first.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- A super extreme DUI (A.R.S. § 28-1382(A)(2)) means a BAC of .20 or higher, the harshest misdemeanor DUI in Arizona.
- A first offense carries a mandatory minimum 45 days in jail, a term the judge cannot simply suspend after conviction.
- You also face fines and fees over $3,200, an 18-month certified ignition interlock, a 90-day license suspension, and alcohol treatment.
- It is still a Class 1 misdemeanor, not a felony, but it carries the heaviest misdemeanor DUI penalties on the books.
- Compared to an extreme DUI (.15–.199, 30 days) and a standard DUI (.08–.149), the tiers turn on hundredths of a point.
- Because the charge is built on one number, dropping a reliable reading below .20 reduces a super extreme to an extreme DUI, cutting the mandatory jail.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.