Smart & Aggressive
attorneys defending you.
click for a free consultation

ARS 28-1382 Extreme DUI

Posted on May 31, 2022 in Arizona Revised Statutes,BAC,Blood Alcohol Tests,DUI

An extreme DUI in Arizona is the crime of driving under the influence with a blood alcohol concentration (BAC) level of 0.15 percent to 0.199 percent. This crime is a class 1 misdemeanor in Arizona that can come with significant consequences, including a mandatory sentence of 30 days in jail. It is important to contact a Scottsdale extreme DUI defense defense attorney for help as soon as possible if you are facing extreme DUI charges.

What Is an Extreme DUI in Arizona?

Driving under the influence of intoxicating substances is against the law in all 50 states. The definition of the crime of driving under the influence in Arizona is to drive or be in actual physical control of a vehicle with a BAC at or above 0.08 percent (or 0.04 percent as a commercial driver). It is also a DUI to be found with this alcohol concentration level within two hours of driving or being in actual physical control of a vehicle, if the BAC results from alcohol consumed before or while driving.

Under Arizona Revised Statute (ARS) 28-1382, an extreme DUI is when a person drives or is in actual physical control of a vehicle with a BAC of 0.15 percent or more, but less than 0.20 percent, or a BAC of 0.20 or more. A person in this state is viewed as being under the extreme influence of intoxicating liquor. In other words, the driver is more impaired by the alcohol consumed than a driver with a lesser BAC would be. Therefore, a driver who is convicted of an extreme DUI faces more severe penalties than an ordinary DUI.

What Are the Penalties for Extreme DUI?

The Arizona Legislature takes driving under the influence crimes very seriously. Alcohol use is a top cause of car accidents in the state, which makes it a key concern for Arizona lawmakers. DUI convictions are penalized heavily in an attempt to warn the driver and others in the community away from committing similar crimes in the future. The potential penalties that come with an extreme DUI conviction under ARS 28-1382(D) are as follows if the driver registers a BAC between 0.15 and 0.20 percent:

  • No less than 30 consecutive days in jail, without eligibility for probation or the suspension of the execution of the sentence
  • A fine of not less than $250
  • Additional costs in assessments and restitution (which can equal thousands of dollars)
  • Mandatory community service time
  • Driver’s license suspension for one year or longer
  • Drug and alcohol screenings 
  • Substance abuse education or treatment programs
  • Mandatory traffic survival school course
  • An ignition interlock device installed in the driver’s vehicle for 12 months or more

If the driver is found to have a BAC above 0.20 percent, these penalties are increased to include no less than 45 consecutive days in jail and a fine of at least $500. These are the penalties for a first-time extreme DUI conviction. If a driver in Arizona is convicted of a second or subsequent extreme DUI, sentences can be increased to a minimum of 120 days in jail – 60 of which must be served consecutively – and a fine of up to $1,000. In addition, the driver’s license will be revoked for at least one year.

How Can a Criminal Defense Lawyer Fight an Arizona Extreme DUI Charge?

If you get arrested for an alleged extreme DUI, contact a criminal defense attorney near you immediately. An attorney may be able to negotiate the charges down or decrease your sentence, especially if this is your first extreme DUI charge. An attorney may also be able to get the charges dismissed entirely, depending on the details of your case. Your lawyer will custom-tailor a defense strategy according to your specific circumstances for the best possible case results. Potential defenses include a lack of probable cause to arrest you, insufficient evidence for a conviction, a faulty breathalyzer test, contaminated test samples and involuntary intoxication.

To speak to an experienced extreme DUI defense lawyer in Scottsdale today about your case, request a free consultation at Rosenstein Law Group.

Contact Us


  • All fields required *
  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.