Extreme DUI in Arizona: 0.15 and 0.20 Explained

Arizona has a separate statute for drivers with a high alcohol concentration: A.R.S. 28-1382, commonly called extreme DUI. It sets two tiers, 0.15 and 0.20, each with higher minimum penalties than a standard DUI. People are often charged under both statutes at once. This page explains what the law requires and where the room for a defense lies.

The two tiers

Section 28-1382 makes it unlawful to drive or be in actual physical control of a vehicle with an alcohol concentration, within two hours of driving, of either:

• 0.15 or more but less than 0.20; or
• 0.20 or more, sometimes called super extreme DUI.

Extreme DUI is a class 1 misdemeanor, like a standard DUI. The difference is in the minimum sentence.

First-offense penalties

	0.15 to 0.199	0.20 or more
Minimum jail	30 consecutive days	45 consecutive days
With a 12-month ignition interlock	Judge may suspend all but 9 days	Judge may suspend all but 14 days
Minimum fine	$250	$500
Additional assessments	$250, $1,000 and $1,000	$250, $1,000 and $1,000
Ignition interlock	Required by MVD	Required by MVD
Traffic survival school	Required	Required

The interlock option is significant. Under subsection I of the statute, the judge may suspend most of the jail term if you equip any vehicle you drive with a certified ignition interlock device for twelve months. If you then fail to comply with the interlock rules, the court may order you to serve the rest.

A second offense

If you are convicted of extreme DUI within 84 months of a prior DUI, extreme DUI or aggravated DUI, the minimum jail term rises to 120 days, 60 of them consecutive, at the 0.15 tier, and 180 days, 90 of them consecutive, at the 0.20 tier. The fine rises to at least $500 or $1,000, community restitution is required and your driving privilege is revoked for at least one year. The dates the offenses were committed decide whether the 84-month window applies.

Where a defense often focuses

Because the charge depends on a number, the reliability and timing of the test are central. A lawyer will typically look at:

• when the test was taken relative to the time of driving, since the statute uses a two-hour window;
• how a blood or breath sample was collected, stored and analyzed;
• whether the stop and arrest were lawful;
• whether you were in actual physical control if you were not driving.

None of these is automatic, and each depends on the evidence. That is why choosing a lawyer who regularly handles DUI cases matters; see How to Choose a Criminal Defense Attorney in Phoenix.

How the charges fit together

An arrest with a high test result often leads to charges under both 28-1381 and 28-1382, because the facts can support a standard DUI and an extreme DUI at the same time. A plea or trial outcome may resolve one charge and not the other, which is why the exact charges on your paperwork matter.

The statute also sets out where the money goes: the $250 assessment is deposited in a DUI abatement fund, and the two $1,000 assessments go to the state’s prison construction and public safety equipment funds. For a second offense within 84 months the two larger assessments rise to $1,250 each. The court may also order the ignition interlock to stay in place for more than twelve months, starting from when you complete the required screening, education or treatment.

Collisions and time limits

If an extreme DUI involved a collision that caused serious physical injury or death, as identified in a written accident report, the statute allows prosecution to begin within two years after the offense is discovered, or should have been discovered with reasonable diligence. Cases with injuries can also lead to more serious charges under other statutes, which is another reason to involve a lawyer early.

Jury trial

As with a standard DUI, the court must tell you at the arraignment that you may request a jury trial, and the request will be granted.

The license side

An extreme DUI arrest also triggers the MVD process described in Your Driver License After a DUI Arrest in Arizona. The court case and the license case move separately, and winning one does not decide the other.

Records afterward

An extreme DUI conviction can later be set aside or sealed under Arizona law once the waiting period passes, but a sealed DUI can still be used to enhance a later DUI sentence and must be disclosed for some driving jobs. See Sealing Criminal Records in Arizona.