Arizona Extreme DUI Lawyers
Charged with extreme DUI in Arizona? Under A.R.S. § 28-1382 a BAC of .15 or higher is an extreme DUI carrying a mandatory minimum 30 days in jail, and .20 or higher is a super extreme DUI carrying 45 days. The charge is built on one number, the test, so the test is exactly what we attack. Do not assume the result is correct.
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What Is an Extreme DUI in Arizona?
Quick answer: Extreme DUI (A.R.S. § 28-1382) is charged when your alcohol concentration is .15 or higher; a super extreme DUI is .20 or higher. Both are Class 1 misdemeanors, but they carry mandatory jail, a first extreme DUI means a minimum of 30 days in jail and a super extreme means 45 days, plus heavy fines, a certified ignition interlock, and license suspension. Because the charge rests entirely on a breath or blood number, the defense focuses on the stop and on attacking the accuracy of the test, where even a small error can drop the case below the extreme threshold.
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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 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 an Extreme DUI in Arizona?
- What is an extreme DUI in Arizona?
- Is an extreme DUI a felony in Arizona?
- What is a super extreme DUI in Arizona?
- What to expect with an extreme DUI in Arizona?
- How much jail time does an extreme DUI carry in Arizona?
- Can an extreme DUI be reduced to a regular DUI in Arizona?
- Standard vs. Extreme vs. Super Extreme
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with 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 an extreme DUI in Arizona?
An extreme DUI under A.R.S. § 28-1382 is a DUI with an alcohol concentration of .15 or higher within two hours of driving. It is still a Class 1 misdemeanor, but unlike a standard DUI it carries mandatory jail, a minimum of 30 days on a first offense. Because the charge depends entirely on a test number, the breath or blood result is the center of the case.
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 an extreme DUI a felony in Arizona?
No. An extreme DUI, and even 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.
What is a super extreme DUI in Arizona?
A super extreme DUI is an extreme DUI with an alcohol concentration of .20 or higher. It is the most serious misdemeanor DUI, carrying a mandatory minimum of 45 days in jail on a first offense, an 18-month certified ignition interlock, and the highest fines. Dropping a .20 reading below the threshold reduces it to an ordinary extreme DUI.
What to expect with an extreme DUI in Arizona?
Expect mandatory jail, 30 days for extreme and 45 for super extreme, a 90-day license suspension, a 12- to 18-month ignition interlock, alcohol screening and treatment, and roughly $2,750 to $3,250 or more in fines and assessments. You will also face a separate MVD license action with a short deadline. Because the case rests on one number, the most important step is challenging the test before you enter any plea.
How much jail time does an extreme DUI carry in Arizona?
A first extreme DUI carries a mandatory minimum of 30 days in jail, and a first super extreme DUI carries 45 days. A second extreme within 84 months jumps to 120 days, and a second super extreme to 180 days. These minimums cannot simply be suspended by the judge once you are convicted at that level, which is why beating or reducing the reading matters so much.
Can an extreme DUI be reduced to a regular DUI in Arizona?
Yes. Because the charge turns on a single test result, attacking the breath or blood test, its margin of error, calibration, mouth alcohol, or timing, can pull the reliable reading below .15 and reduce the charge to a standard DUI. That eliminates the mandatory 30-day jail term that makes an extreme DUI so serious.
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 (often reduced to 1) |
| 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 third DUI within 84 months, or a DUI on a suspended license or with a child under 15, becomes an aggravated (felony) DUI.
What the State Must Prove for Extreme DUI
To convict you of 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 .15 or more. Or .20 or more for a super extreme DUI, this is the element that makes it ‘extreme.’
- 4Within two hours of driving. The extreme concentration must be shown within two hours of driving and result from alcohol consumed before or while driving.
Examples of Conduct Charged as Extreme DUI
- A breath or blood test reading of .15 to .199 (extreme)
- A test result of .20 or higher (super extreme)
- A second extreme DUI within 84 months
- An extreme DUI charged on the number alone, with no bad driving
What Sentence Could You Actually Face?
Extreme DUIs are misdemeanors, but they carry mandatory jail that probation cannot erase, plus interlock, suspension, and thousands in fines. The reading drives the term.
Extreme
.15–.199 BAC
Super Extreme
.20+ BAC
2nd Extreme
Within 84 Months
⚠ The Jail Time Is Mandatory, Until You Beat the Number
An 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 .15, the charge, and the mandatory 30 days, drop with it.
Arizona DUI Penalty Estimator
Want the full out-of-pocket cost (insurance, interlock, attorney)? Try the Arizona DUI Cost Calculator.
How We Fight Arizona 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 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 .15 below the extreme threshold, or a .20 below super extreme.
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. Your level may have been below the threshold while driving and only crossed it by the time of the test, which is what the law actually 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 Extreme DUI Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles extreme DUI cases across Arizona.
Extreme DUI, Breath Reading .16
Reduced to Standard DUI
By exposing a missed observation period and the machine’s margin of error, we pushed the reliable reading below .15, eliminating the mandatory 30-day jail term.
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.
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.
Extreme DUI, Rising BAC
Reduced to Standard DUI
A rising-BAC defense showed the level was below .15 while driving, eliminating the mandatory 30-day jail.
Super Extreme DUI, Calibration Failure
Reduced to Extreme
Maintenance records showed the breath machine was out of calibration, cutting a super extreme to an extreme DUI.
Extreme DUI, No Reasonable Suspicion
Charges Dismissed
The traffic stop lacked reasonable suspicion; once the breath test was suppressed, the case was dismissed.
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 extreme DUI lawyer in Arizona, lawyers who handle super extreme DUI charges, or Phoenix extreme DUI defense and a Scottsdale extreme DUI attorney. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend 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 Extreme DUI FAQs
Quick answers to the questions we hear most about extreme DUI charges, penalties, and defenses in Arizona.
What is an extreme DUI in Arizona?
Extreme DUI (A.R.S. 28-1382) is a DUI with an alcohol concentration of .15 or higher within two hours of driving. A super extreme DUI is .20 or higher. Both are Class 1 misdemeanors but carry mandatory jail that a standard DUI does not.
What is the difference between extreme and super extreme DUI?
The threshold. Extreme DUI is a BAC of .15 to .199; super extreme DUI is .20 or more. A first extreme DUI carries a mandatory minimum 30 days in jail, while a first super extreme carries 45 days and a longer interlock requirement.
How much jail time does an extreme DUI carry?
A first extreme DUI carries a mandatory minimum of 30 days in jail, and a first super extreme DUI carries 45 days. A second extreme within 84 months jumps to 120 days (180 for super extreme). The minimums cannot simply be suspended once you are convicted at that level.
Is an extreme DUI a felony?
No. Extreme and super extreme DUIs are Class 1 misdemeanors. However, a third DUI within 84 months, or a DUI on a suspended license or with a child under 15, becomes an aggravated (felony) DUI with prison exposure.
Can an extreme DUI be reduced to a regular DUI?
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 .15 and reduce the charge to a standard DUI, eliminating the mandatory 30 days.
How accurate are breath and blood tests?
Less than the State suggests. Breath machines require careful calibration and a 15-minute observation, and conditions like acid reflux, diabetes, and radio interference skew them. Blood results depend on proper draw, storage, and lab work. Every test also has a margin of error.
What is the rising BAC defense?
Alcohol keeps absorbing after you stop drinking, so your level can be higher at the test than it was behind the wheel. The State must prove your alcohol concentration was extreme within two hours of driving, and the timing often does not support that.
Will I lose my license for an extreme DUI?
Yes. An extreme DUI brings a 90-day license suspension and a 12- to 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.
Do I have to install an ignition interlock?
For an extreme or super extreme DUI conviction, yes, a certified ignition interlock device is mandatory for 12 to 18 months after your license is reinstated. We work to minimize the duration and the overall impact.
Should I just plead guilty to an extreme DUI?
Not before a lawyer reviews the test. Once you plead, the mandatory jail and 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
- Extreme DUI (A.R.S. § 28-1382) means a BAC of .15 or higher; super extreme means .20 or higher.
- A first extreme DUI carries a mandatory minimum 30 days in jail; a first super extreme carries 45 days, both Class 1 misdemeanors.
- You also face a 12–18 month certified ignition interlock, a 90-day license suspension, alcohol screening, and roughly $2,750–$3,250+ in fines and assessments.
- The charge is built on a single number, so attacking the breath or blood test, its margin of error, calibration, and timing, is the heart of the defense.
- Dropping the reading below .15 can reduce an extreme DUI to a standard DUI; dropping it below .20 reduces a super extreme to an extreme.
- A third DUI within 84 months becomes an aggravated (felony) DUI, a far more serious charge.
- 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.