Arizona DUI law uses blood alcohol content to classify how serious a charge is. A BAC above the legal limit does not always result in the same offense. The level measured at the time of testing determines which charge applies and what consequences may follow.
How does Arizona define extreme DUI?
Arizona law sets three distinct BAC thresholds for DUI charges:
- Standard DUI: BAC of .08 or higher
- Extreme DUI: BAC of .15 or higher but below .20
- Super extreme DUI: BAC of .20 or higher
The state created this charge category to address drivers who present a greater risk on the road. Courts treat a higher BAC as evidence of greater impairment. Prosecutors generally pursue extreme DUI cases more aggressively than standard DUI charges.
What penalties apply to extreme DUI convictions?
Extreme DUI convictions carry mandatory minimum jail sentences. Courts cannot fully waive these sentences. The penalties increase based on BAC level and prior offenses.
First-offense extreme DUI (BAC 0.15–0.19):
- Minimum of 30 consecutive days in jail
- A judge may suspend all but 9 days of the sentence if the defendant installs a certified ignition interlock device for 12 months
- A minimum $250 fine, a $250 assessment and additional $1,000 assessments also apply
- The Arizona Department of Transportation requires an ignition interlock device and completion of an approved traffic survival school course
First-offense super extreme DUI (BAC .20 or higher):
- A minimum 45-day jail term served without interruption
- Courts may reduce this to 14 days under certain conditions
- Additional fines, license suspension and ignition interlock device installation are also required
Second extreme DUI offense within 84 months:
- Minimum of 120 days in jail
- Courts may reduce this to 60 days under certain conditions
- Increased fines, a longer license suspension and extended ignition interlock requirements also apply
The financial impact extends beyond court fines. Higher insurance rates and device monitoring fees add significant cost to a conviction.
Can defendants challenge an extreme DUI charge?
Defense options depend on the facts. Breath test devices must be properly maintained and calibrated to produce reliable results. Officers must also follow required procedures during traffic stops and testing. Failures in these procedures may support a challenge to the results.
Medical conditions, rising BAC levels and testing errors may affect breath test results. An attorney can assess the stop, equipment maintenance and testing procedures for potential legal issues.
An extreme DUI charge carries consequences that extend well beyond the courtroom. Mandatory jail time, device installation costs and long-term financial effects can follow a conviction for years. Knowing the BAC thresholds and what each charge level means under Arizona law gives defendants a clearer picture of what they may be facing.
