By Brian D. Sloan, DUI Defense Attorney, Law Offices of Brian D. Sloan (Phoenix, Arizona) | Last reviewed: September 2026
Quick Answer
A super extreme DUI in Arizona means driving, or being in actual physical control of a vehicle, with a blood alcohol concentration (BAC) of 0.20 or more within two hours of driving. It is a class 1 misdemeanor, not a felony, unless an aggravating factor applies.
A first offense carries 45 consecutive days of mandatory jail, which a judge can reduce to 14 days if you install an ignition interlock for 12 months. Fines and assessments start at $2,750 before surcharges and costs. MVD requires an interlock for 18 months. A second offense within 84 months brings 180 days of jail, a one-year revocation, and 24 months of interlock.
Arizona has some of the strictest DUI laws in the country, and the highest tier is reserved for drivers tested at .20 or above: two and a half times the .08 legal limit. People charged with it are usually surprised by two things. The mandatory jail time sounds far worse on paper than it often turns out to be in practice, and the license consequences start well before anyone sees a judge.
What Is a Super Extreme DUI in Arizona?
Arizona’s extreme DUI statute, A.R.S. § 28-1382, has two tiers. A BAC of .15 up to .199 is an “extreme” DUI. A BAC of .20 or more is what lawyers and courts call a super extreme DUI. The measurement has to fall within two hours of driving or being in actual physical control of the vehicle, and the alcohol must have been consumed before or while driving.
A standard DUI under A.R.S. § 28-1381 applies at .08 or at any level of impairment “to the slightest degree.” For a comparison of the lower tiers, see this overview of Arizona DUI laws and penalties.
Super Extreme DUI Penalties: First vs. Second Offense
These are the statutory minimums. Judges can impose more, up to the class 1 misdemeanor maximum of six months in jail.
| Penalty | First offense | Second offense (within 84 months) |
| Mandatory jail | 45 consecutive days; judge may suspend all but 14 with a 12-month interlock | 180 days, 90 of them consecutive |
| Fine and assessments (minimum) | $500 fine + $250 + $1,000 + $1,000 = $2,750, before surcharges | $1,000 fine + $250 + $1,250 + $1,250 = $3,750, before surcharges |
| License | 90-day administrative suspension (MVD) | At least one-year revocation |
| Ignition interlock (MVD) | 18 months | 24 months |
| Community restitution | May be ordered | At least 30 hours |
| Other | Alcohol screening and education or treatment; traffic survival school | Same, plus possible probation terms |
The penalty figures come from A.R.S. § 28-1382(D) and (E) and the interlock periods from A.R.S. § 28-3319(D). A prior conviction counts as a “prior” if the offenses were committed within 84 months (seven years) of each other, measured by offense dates rather than conviction dates.
How Much Jail Time for a Super Extreme DUI in Arizona?
The minimum jail sentence for a first-offense super extreme DUI is 45 consecutive days. In practice, very few people serve all 45, and the reason is a two-step reduction written into state law:
- Interlock reduction. Under § 28-1382(I), the judge may suspend all but 14 days if you equip every vehicle you drive with a certified ignition interlock for 12 months.
- Home detention. Where the city or county has a program, A.R.S. § 9-499.07 lets a person sentenced under § 28-1382 serve the rest of the sentence on home detention or continuous alcohol monitoring after first serving at least 20% of the initial term in jail.
How courts calculate that 20% varies, but in many Phoenix-area courts a first-offense super extreme sentence works out to roughly three days in jail followed by home detention. You pay for the jail days, the monitoring, and the testing.
Minimum jail time for a second super extreme DUI is 180 days, with 90 served consecutively. The interlock reduction in § 28-1382(I) applies only to first offenses, so the jail exposure on a second offense is dramatically higher.
How Much Is a Super Extreme DUI Fine in Arizona?
The statutory minimum for a first offense is $2,750: a $500 fine, a $250 DUI abatement assessment, and two $1,000 assessments for the prison construction and public safety equipment funds. State surcharges are added to the base fine. Then come the costs that don’t appear on the sentencing sheet: per-day jail fees, home detention monitoring, alcohol screening and classes, traffic survival school, interlock installation and monthly fees, and higher insurance premiums. The total commonly runs several thousand dollars beyond the $2,750 minimum.
License Suspension and Ignition Interlock After a Super Extreme DUI
Your license is affected on two separate tracks, which is where many people get confused.
The MVD track (starts at arrest)
If a breath or blood test shows .08 or more, the officer serves an administrative per se suspension under A.R.S. § 28-1385. It takes effect 15 days after it is served, whether or not you are ever convicted. The standard suspension is 90 days: typically 30 days with no driving, then 60 days of restricted driving once alcohol screening is completed. You can request a hearing to challenge it, but the deadline is short; read the date printed on the order the day you receive it.
The court track (starts at conviction)
A conviction triggers the interlock requirement. MVD requires a certified ignition interlock for 18 months after a first super extreme DUI and 24 months after a second within 84 months (§ 28-3319(D)). Unlike a standard first DUI, a super extreme conviction does not qualify for the early interlock deferment available under § 28-3319(H). To reinstate, you’ll also need proof of financial responsibility (SR-22 insurance) under § 28-3319(A). After a second offense, you may be eligible for a special ignition interlock restricted license during the revocation under A.R.S. § 28-1401.
Is a Super Extreme DUI a Felony in Arizona?
No. Under § 28-1382(K), a super extreme DUI is a class 1 misdemeanor, the most serious misdemeanor class but still a misdemeanor. It becomes aggravated DUI, a felony, under A.R.S. § 28-1383 if, for example, it happens while your license is suspended or revoked, it is your third DUI within 84 months, a child under 15 is in the vehicle, you are required to have an interlock at the time, or you are driving the wrong way on a highway.
Can a Super Extreme DUI Be Reduced or Beaten?
Sometimes. Prosecutors can agree to resolve a super extreme charge as an extreme or regular DUI, and a case can be dismissed or won at trial if the evidence doesn’t hold up. Common issues in .20+ cases include:
- The two-hour window. The State has to tie the BAC to a time within two hours of driving. Delays in testing and questions about when drinking occurred can matter, particularly when a reading sits close to .20.
- Testing reliability. Breath machine maintenance and calibration records, blood-draw procedures, sample storage, and lab analysis can all be challenged.
- The stop and arrest. An unlawful stop or arrest can lead to suppression of the evidence that followed. This site’s guide to your rights when you’re arrested explains the basics.
- The right to an independent test. Arizona law allows a person to obtain an independent test (A.R.S. § 28-1388). Interference with that right can affect the State’s evidence.
Plea outcomes vary widely by court, prosecutor, and the facts, which is why it helps to understand how local courts actually handle these charges. General background on extreme DUI Arizona law is available from several Phoenix defense firms.
A .20+ Arrest After a Crash That Ended as an Extreme DUI
Sloan’s published case accomplishments include several drivers charged with super extreme DUI after a collision. In one, a client arrested at a BAC over .20 following an accident resolved the case as a standard extreme DUI with two days in jail. In another, a client charged with super extreme DUI with a prior DUI conviction alleged resolved the case as a first-time super extreme DUI with three days in jail, rather than facing the 180-day second-offense minimum.
The practical point is that the charge filed is not always the charge that ends the case. How a .20+ case resolves depends heavily on what the testing records, timeline, and prior-conviction documents can actually prove.
Past results do not guarantee a similar outcome. Every case depends on its own facts, the court, and the prosecutor.
Long-Term Consequences
A DUI conviction stays on an Arizona criminal record and counts as a prior for sentencing purposes for 84 months. It can surface in employment background checks, and people with professional licenses (nurses, commercial drivers, teachers, and others) may have separate reporting obligations to their licensing boards. Insurance costs typically rise sharply, and the SR-22 requirement adds to them.
Frequently Asked Questions
What BAC is super extreme DUI in Arizona?
0.20 or more within two hours of driving or being in actual physical control of a vehicle.
What is the penalty for a .20 BAC in Arizona on a first offense?
At least 45 consecutive days in jail (reducible to 14 with a 12-month interlock), $2,750 minimum in fines and assessments before surcharges, a 90-day license suspension, 18 months of interlock, alcohol screening and education, and traffic survival school.
Can you avoid jail for a super extreme DUI in Arizona?
Not entirely on a conviction: jail is mandatory. The time actually served can drop to about three days in some courts through the interlock reduction and home detention. Avoiding jail altogether generally requires a dismissal, acquittal, or plea to a non-DUI offense.
Is a super extreme DUI a misdemeanor in Arizona?
Yes, a class 1 misdemeanor, unless an aggravating factor under A.R.S. § 28-1383 makes it a felony.
How long is ignition interlock required after a super extreme DUI in Arizona?
18 months after a first offense and 24 months after a second offense within 84 months.
What are the penalties for a second super extreme DUI in Arizona?
At least 180 days in jail (90 consecutive), $3,750 minimum in fines and assessments before surcharges, a one-year license revocation, at least 30 hours of community restitution, and 24 months of interlock.
Authorities & Sources
- A.R.S. § 28-1382: Extreme DUI; sentencing; classification
- A.R.S. § 28-1381: Driving under the influence
- A.R.S. § 28-1383: Aggravated DUI
- A.R.S. § 28-1385: Administrative license suspension
- A.R.S. § 28-3319: Ignition interlock requirement; financial responsibility
- A.R.S. § 28-1401: Special ignition interlock restricted driver license
- A.R.S. § 28-1388: Blood and breath tests; independent testing
- A.R.S. § 9-499.07: Municipal home detention and continuous alcohol monitoring programs
Disclaimer
This article provides general information about Arizona DUI law and is not legal advice. Reading it does not create an attorney-client relationship. Sentences, fees, and home detention availability vary by court, and the law can change. If you have been charged with a DUI, speak with a licensed Arizona attorney about the facts of your case.
