High-BAC Charges — A.R.S. § 28-1382
Extreme & Super Extreme DUI
Extreme and Super Extreme DUI carry significantly harsher mandatory penalties than standard DUI. If you have been charged with a BAC of 0.15% or higher, understanding the law — and the defenses — matters more than ever.
Extreme DUI
BAC: 0.15–0.199%
Class 1 misdemeanor with enhanced penalties: a minimum of 30 days jail, increased fines, and mandatory ignition interlock installation.
Super Extreme DUI
BAC: 0.20% or Higher
The most severe misdemeanor DUI in Arizona: a minimum of 45 days jail, substantial fines, and an 18-month interlock requirement. (It becomes a felony only with aggravating factors under A.R.S. § 28-1383.)
Penalty Comparison
| Penalty | Extreme DUI (1st Offense) | Super Extreme DUI (1st Offense) |
|---|---|---|
| Jail Time | 30 consecutive days (minimum) Suspendable to 9 days with 12+ months IID | 45 consecutive days (minimum) Suspendable to 14 days with 12+ months IID |
| Fine (Total) | $2,500–$4,000+ (base $250) | $3,000–$5,000+ (base $500) |
| Ignition Interlock (IID) | 12 months minimum | 18 months minimum |
| Additional Requirements | Traffic Survival School, screening/treatment | Traffic Survival School, screening/treatment |
Second Offense Penalties
Extreme DUI (2nd): 120 days jail (60 consecutive), $500+ base fine, 30 hours community restitution
Super Extreme DUI (2nd): 180 days jail (90 consecutive), higher fines, 24-month IID
Possible Defenses
High-BAC cases live and die on the chemical evidence. Because the number itself sets the charge tier, attacking how that number was produced is the core of the defense.
Breath Test Challenges
- •Calibration errors: devices not properly calibrated or maintained
- •Operator error: improper testing procedures or training deficiencies
- •Physiological factors: GERD, diabetes, or ketone production affecting results
- •Rising BAC: alcohol still being absorbed at the time of the test
Blood Draw Challenges
- •Chain of custody: breaks in evidence-handling procedures
- •Improper procedure: incorrect phlebotomy or preservation methods
- •Lab errors: testing mistakes or equipment malfunctions
- •Sample timing: excessive delay between driving and testing
Other Defense Strategies
Illegal Stop
Challenge the lawfulness of the traffic stop or the arrest procedures
Actual Physical Control
Question whether you were actually in control of the vehicle
Medical Defenses
Explore medical conditions that could explain BAC readings or observed symptoms
License Suspension & Ignition Interlock (IID)
Driver’s License Suspension
- ✓Extreme DUI: administrative license suspension, typically 90 days on a first offense (longer with priors)
- ✓Super Extreme DUI: enhanced suspension exposure, often with a restricted permit available only after interlock installation
- ✓You have 30 days to request an MVD hearing to contest the suspension (A.R.S. § 28-1385) — if you miss the deadline, the suspension takes effect automatically
Extreme DUI IID
Minimum Duration: 12 months
The device is required on every vehicle you operate, with monthly calibration and monitoring. Violations can extend the period.
Super Extreme DUI IID
Minimum Duration: 18 months
The extended requirement reflects the higher BAC. Second offenses require a 24-month installation, with strict compliance monitoring.
Important: IID violations (missed appointments, failed tests, tampering) can result in license suspension and new criminal charges. Maintenance and compliance are essential.
Facing a High-BAC Charge?
The penalties are severe, but the evidence is challengeable. Research the testing procedures used in your case, learn the defenses, and access court-ready motion templates built for high-BAC cases.
Common Questions About Extreme DUI
+Can Extreme DUI charges be reduced?
Yes. With a sound legal strategy, charges may be reduced to standard DUI or even dismissed. Challenging the chemical evidence — calibration records, blood-draw procedure, lab analysis — and negotiating with prosecutors are the most common paths.
+Will I lose my license?
A suspension is likely unless it is successfully challenged at an MVD administrative hearing. In Arizona you have 30 days from service of the suspension order to request that hearing (A.R.S. § 28-1385) — miss the window and the suspension takes effect automatically.
+How long will an IID be required?
A minimum of 12 months for Extreme DUI and 18 months for Super Extreme DUI on a first offense. The duration can be extended for violations or by court order.
+What should I do immediately after arrest?
Write down everything you remember, preserve evidence and witness information, request your MVD hearing within 30 days, and consult a qualified attorney. You can also research the charges and start a defense file with a free DUIINFO account.