DUI & Criminal Defense

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Arizona Extreme DUI Penatlies

Updated September 5, 2020

Arizona's Extreme DUI Law

The are several types of DUI offenses in Arizona.  An extreme DUI is based on the blood alcohol concentration (BAC) level of the person accused of DUI.  Specifically, if the person has a BAC above a .150 they will be charged with extreme DUI under § 28-1382 of the Arizona Revised Statutes

Prior Consequences | Extreme DUI Conviction

The primary penalties for being convicted of an Extreme DUI charge include:

  • Incarceration (a term of jail)
  • Fines
  • Installation of an Ignition Interlock Device
  • Driver’s License Suspension
  • Substance Abuse Screening and any recommended treatment

The previous minimum jail term has been 30 days with up to 20 days suspended if the person complied with the recommended treatment resulting from the mandatory drug and alcohol screening.  Simply put, prior to 2008, a judge could reduce your sentence to 10 days.

2008's Enhanced Consequences | Extreme DUI Conviction

However, the Arizona Extreme DUI laws changed in 2008.  The legislature amended the extreme DUI statute removing the ability of judges to do the following:

1) suspend all but 10 days of first offense extreme DUI sentences. Thus, offenders had to serve a full 30 day term of jail.

2) suspend all but 60 days of second offense extreme DUI sentences. Thus, offenders were required to serve a full 120 day term of jail.

Date of Offense | Enhanced Penalties

The date of the offense will determine which penalties a person is facing. Moreover, the above stated penalties are for offender whose BAC level was between .150 and below .200. A person with a BAC of .200 or above will be facing even more punitive jail terms.

Subsection I | A.R.S. 28-1382

While the 2008 amendment changed the mandatory minimum jail term to 30 days subsequent legislation reduced the time in jail. Subsection (I) of the law was added permitting a judge to reduce an Extreme DUI jail term to 9 days.


The Definitive Guide to Arizona DUI penalties

Home Detention | Substantial Reductions

In addition to the passing Subsection of (I) of the Extreme DUI statute, the Arizona legislature then created a restricted hone detention law. Home detention permits a portion of a jail term to be served wearing an ankle bracelet at a person’s home.

The home detention law permitted a judge to reduce an extreme DUI jail term to serving just: 2 days in jail | with 7 days of home detention.  This is the current state of the Extreme DUI mandatory minimum jail term in almost all Arizona courts.

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