Arizona charges enhanced DUI offenses based on blood alcohol concentration (BAC) at the time of testing. Under A.R.S. § 28-1382, an Extreme DUI applies to a BAC of 0.15% to 0.199%, while a Super Extreme DUI applies to a BAC of 0.20% or higher. Both are Class 1 misdemeanors, but they carry mandatory minimum jail time and steeper fines than a standard DUI, even for a first offense.
Extreme DUI vs. Super Extreme DUI: The Key Differences
| Extreme DUI | Super Extreme DUI | |
|---|---|---|
| BAC threshold | 0.15% – 0.199% | 0.20% or higher |
| Statute | A.R.S. § 28-1382(A)(1) | A.R.S. § 28-1382(A)(2) |
| Mandatory jail, 1st offense | 30 days (may be reduced with an ignition interlock device) | 45 days (may be reduced with an ignition interlock device) |
| Approximate fines and fees, 1st offense | Over $2,500 | Over $2,750 |
| Ignition interlock device | At least 12 months | Up to 18 months |
| License suspension | Yes | Yes, typically 90 days |
These figures reflect first-offense minimums. A second Extreme or Super Extreme DUI within a set look-back period carries significantly longer mandatory jail time, higher fines, and longer license and interlock requirements.
How Is BAC Measured, and Why Timing Matters
Arizona law requires that the BAC of 0.15% or higher (or 0.20% or higher) exist within two hours of driving, not necessarily at the moment of the traffic stop. In practice, a blood or breath test often happens 30 to 90 minutes after the stop, and alcohol absorption continues during that window. This creates a real defense opportunity: an experienced DUI attorney can use retrograde extrapolation and toxicology evidence to argue that a driver’s BAC was still rising and was actually below the extreme or super extreme threshold at the time they were behind the wheel.
For a free legal consultation, call (602) 237-6772 today.
Can You Refuse a Breathalyzer in Arizona?
Arizona is an implied consent state under A.R.S. § 28-1321. By driving on Arizona roads, you’ve legally agreed to submit to BAC testing if lawfully arrested for suspected DUI. You can physically refuse a breath or blood test, but that refusal carries its own consequences, typically an automatic license suspension, separate from any DUI penalties, and it can still be used against you in court. Whether refusing was the right call in your specific situation depends heavily on the facts of the stop. For more detail, see our related guide on Can You Refuse a Breathalyzer in Arizona.
How an Extreme or Super Extreme DUI Affects Your License
Beyond the criminal penalties, both charges carry an administrative license suspension separate from the criminal case, plus a mandatory ignition interlock device once driving privileges are restored. If you’re also concerned about points on your license from other violations, our guide to Arizona’s Driver’s License Point System explains how points, suspensions, and DUI convictions interact.
Commercial Drivers (CDL) Face Additional Consequences
For CDL holders, a DUI conviction at any BAC level, including standard DUI, triggers a one-year commercial driving disqualification for a first offense, and a lifetime disqualification for a second. This applies even if the DUI happened in a personal vehicle. If you hold a CDL and are facing any traffic charge, review our guide on Fighting a CDL Speeding Ticket in Arizona for related considerations.
Possible Defenses to Extreme and Super Extreme DUI Charges
Every case turns on its specific facts, but common defense strategies include:
- Challenging the traffic stop itself. If the officer lacked reasonable suspicion to pull you over, evidence gathered afterward may be suppressed.
- Questioning the blood draw’s constitutionality. Following State v. Valenzuela, Arizona generally requires a warrant or valid consent before drawing blood, and a flawed warrant affidavit can lead to suppression of the BAC result entirely.
- Retrograde extrapolation disputes. Expert testimony can challenge whether the tested BAC accurately reflects BAC at the time of driving.
- Actual physical control disputes. The state must prove you were driving or in actual physical control of the vehicle, which isn’t always straightforward, such as when someone is found asleep in a parked car.
- Testing equipment and procedure issues. Breathalyzer calibration records and blood testing chain-of-custody can both be challenged.
Frequently Asked Questions
What BAC counts as an Extreme DUI in Arizona?
A BAC of 0.15% to 0.199%, measured within two hours of driving, qualifies as an Extreme DUI under A.R.S. § 28-1382(A)(1).
What BAC counts as a Super Extreme DUI in Arizona?
A BAC of 0.20% or higher qualifies as a Super Extreme DUI under A.R.S. § 28-1382(A)(2), and it carries the harshest mandatory penalties of Arizona’s DUI classifications.
Is jail time really mandatory for a first-offense Extreme DUI?
Generally yes. Arizona law sets a mandatory minimum jail sentence for a first-offense Extreme DUI, though part of that sentence can often be reduced if the person agrees to install a certified ignition interlock device for a set period.
Can an Extreme or Super Extreme DUI be reduced to a lesser charge?
It’s possible in some cases, but it depends heavily on the strength of the BAC evidence and the specific facts, including how and when the sample was collected. An attorney can evaluate whether the evidence supporting the enhanced BAC threshold can realistically be challenged.
Does refusing a breathalyzer avoid an Extreme DUI charge?
Not necessarily. Refusing a breath test triggers its own automatic license suspension under Arizona’s implied consent law, and officers can often still seek a warrant for a blood draw. Refusal doesn’t guarantee avoiding a DUI charge and can complicate your case in other ways.
If you’ve been charged with an Extreme or Super Extreme DUI in Gilbert or anywhere in Arizona, contact Brandon White Law for a free consultation. The sooner an attorney reviews your BAC evidence and the circumstances of your stop, the more defense options are usually available.
Call or text (602) 237-6772 or fill out our Free Case Evaluation form to get started.
