ARS 28-1382 (A)(1) Extreme DUI AZ Charge

Under Arizona law, ARS 28-1382 (A)(1) considers a person guilty of Extreme DUI if they are under the influence of alcohol with a Blood Alcohol Concentration (BAC) of 0.150 to 0.199 while driving or in actual physical control of a vehicle (including motorcycles).


This page will discuss all that you need to know about being charged with ARS 28-1382 in Arizona, including a breakdown of the Penalties, Fees and DUI defenses to help get your charges reduced or even dismissed!


Continue reading below. If you have any questions, contact Extreme DUI attorney Arja Shah today.


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Arizona DUI Defense From The Shah Law Firm

The state of Arizona classifies an Extreme DUI as when a person’s Blood Alcohol Content (BAC) is measured between 0.15% and .20% within two hours of driving or being in actual physical control of a vehicle.

That’s nearly twice the legal limit of 0.08%, which applies to a standard DUI. This elevated BAC percentage demonstrates a high level of impairment, raising concerns about the driver’s ability to operate a vehicle safely.

In this article, we’ll cover the following topics:

In Arizona, it’s not a one-size-fits-all scenario when we talk about driving under the influence offenses in Arizona. There are different levels of charges, ranging from standard DUIs to Extreme and Super Extreme DUIs. But what separates a regular DUI from an Extreme DUI under ARS 28-1382(A)(1)? Below we will discuss the differences in driving under the influence charges and how the right defense attorney can help.

The Shah Law Firm’s experienced Extreme DUI defense attorneys are here to help you.


Equipped with an extensive knowledge of Arizona DUI laws and a dedication to effective defense tactics, we will work tirelessly to achieve the most favorable result for our clients. Although driving under the influence poses significant risks, rest assured that if you’re facing charges under ARS 28-1382 (A)(1), you don’t have to navigate this ordeal alone. The Shah Law Firm is ready and available to stand by your side.


The Arrest Process for Extreme DUI in Arizona

Understanding the arrest process for an Extreme DUI can be critical in forming a solid defense. The process typically begins with a traffic stop, followed by field sobriety and breathalyzer tests. Let’s discuss these stages in more detail.

Understanding Field Sobriety and Breathalyzer Tests

If a police officer suspects you’ve been drinking while driving, they’ll likely conduct field sobriety tests. These tests can include the Horizontal Gaze Nystagmus (HGN) test, the walk-and-turn test, or the one-leg stand test. Each of these is designed to evaluate your physical and cognitive abilities.

If you fail these tests or if there are other indications of intoxication, you may be asked to submit to a breathalyzer test. In the case of an Extreme DUI investigation, a blood test will typically be requested due to its accuracy in detecting higher BAC levels.

Remember, under Arizona’s implied consent law, refusing a breathalyzer test can lead to automatic license suspension and the officer will obtain a warrant for a blood test.

What to Expect During a DUI Traffic Stop

A DUI traffic stop can be a nerve-wracking experience. Police officers will look for signs of impairment, such as the smell of alcohol, slurred speech, bloodshot eyes, or lack of coordination. They will ask questions about your recent activities and may request to search your vehicle.

The key is to stay calm and remember your rights. You have the right to remain silent, and beyond providing your license, registration, and insurance information, you’re not obliged to answer any potentially incriminating questions.

If you’re arrested for an Extreme DUI, remember it’s a charge, not a conviction. A dedicated DUI defense lawyer from The Shah Law Firm can help you challenge the charges and fight for your rights.

Navigating the Arizona Court System after an Extreme DUI Charge

After an arrest for an Extreme DUI, you’re bound to face the intricate Arizona court system. From the initial arraignment to potential plea bargaining, understanding the process can help you prepare for what’s ahead. This is where attorney Arja Shah fights on your behalf.

From the moment Arja Shah is brought on as your defense, she will spearhead the case, gather all of the supporting evidence in your favor and represent you in court on your behalf.

Rest assured, having the experience of an attorney who has represented more than 3,000 clients over 15 years is in your favor.

Steps in the DUI Court Process: From Arraignment to Trial

The court process typically begins with the arraignment, where you’ll be formally charged and asked to enter a plea. You can plead guilty, not guilty, or no contest. Most individuals plead not guilty at this stage, which allows time to build a defense and explore other options.

If a plea agreement isn’t reached, the case will proceed to a pre-trial conference and eventually a trial. At trial, the prosecution must prove beyond a reasonable doubt that you were driving with a BAC of 0.15% or more.

A skilled DUI defense lawyer can challenge the prosecution’s evidence, present a strong defense, and advocate for you throughout the process.

The Role of Plea Bargaining in DUI Cases

In the complex legal world of DUI cases, plea bargaining holds a significant role. A plea bargain is essentially an agreement between the defense and prosecution, where the defendant agrees to plead guilty to a lesser charge or for a reduced sentence. This tool is often utilized to avoid the unpredictability of a trial and to expedite the legal process.

In the context of DUI cases, plea bargaining can prove to be beneficial for both the defendant and the state. For the defendant, the primary benefit lies in achieving a reduced sentence or lower charges. For the state, plea deals can save valuable court time and resources.

It’s crucial to remember that a plea bargain is not an admission of guilt but a strategic move made after considering all available options. A skilled DUI defense attorney, like those at The Shah Law Firm, can guide you in making an informed decision about whether to accept a plea deal.

DUI Plea Bargain Scenarios

To better understand the role of plea bargaining, let’s look at a couple of hypothetical scenarios:

Scenario 1: Suppose John is charged with an Extreme DUI under ARS 28-1382 (A)(1) for having a BAC of 0.16%, but it’s his first offense. His attorney could potentially negotiate with the prosecutor to reduce the charge to a regular DUI. The benefits for John would be lesser fines and shorter jail time.

Scenario 2: Let’s consider Jane, who has two previous regular DUI convictions within 7 years and is now facing an Extreme DUI charge with a BAC of 0.15%. Jane’s attorney might negotiate a plea deal in which she pleads guilty to the Extreme DUI in exchange for a reduced sentence, thereby avoiding the mandatory jail time that a third DUI conviction typically carries.

These scenarios underscore the importance of a skilled defense attorney. While plea bargaining can potentially lessen the severity of consequences, the decision to accept a plea deal should be made after comprehensive consultation with an experienced DUI attorney who understands the complexities of Arizona DUI laws.

After the Verdict: What Happens if Convicted? 

Not every extreme DUI case is dismissed. However, there are strong chances for charges to be reduced significantly.

Even if an extreme drunk driving charge is dropped down to a standard conviction, there are still mandatory actions that you must take.

After a verdict in an Extreme DUI case, there are still necessary steps and decisions.

DUI School and Alcohol Education Programs

One expected outcome of a DUI conviction is the requirement to attend a DUI school or an alcohol education program. These programs aim to educate participants about the risks and consequences of drinking and driving.

The lessons you learn can serve as vital tools for avoiding future DUI charges.

Reinstating Your Driving Privileges After a Conviction

After an Extreme DUI conviction, your driver’s license will be suspended for at least 90 days, as mandated by ARS 28-1382(A)(1). Once this period is over and you’ve met all the other conditions of your sentence, you can apply to reinstate your driving privileges.

However, there’s often a catch: you may be required to install an ignition interlock device on your vehicle for at least a year.

This device tests your breath for alcohol before the car starts and periodically while driving.

Getting back on the road after an Extreme DUI conviction can be a complex process, and having an experienced DUI defense lawyer to guide you can be immensely beneficial.

Is an Extreme DUI a Felony? When DUI Becomes More Serious

An Extreme DUI in Arizona is a serious charge on its own.

However, under certain circumstances, it can escalate into a felony charge, dramatically increasing the severity of potential penalties.

Aggravating Factors that Can Escalate DUI to a Felony Charge

A DUI charge can be escalated to a felony or “Aggravated DUI” under certain conditions as outlined in ARS 28-1383.

These include committing a DUI while your license is suspended, revoked, or canceled, committing a third offense within 84 months, or committing a DUI while a person under 15 is in the vehicle.

These scenarios carry heavier fines, longer license suspension periods, and more severe jail or prison sentences.

Potential Penalties for DUI Convictions Under ARS 28-1382 (A)(1)

The repercussions of an Extreme DUI conviction in Arizona extend far beyond a slap on the wrist. They can profoundly affect your personal life, career, and prospects.

If you’re convicted under ARS 28-1382(A)(1), the consequences are heavy, including mandatory jail time, hefty fines, and license suspension.


Mandatory Jail Time


A mandatory jail sentence of thirty days is the starting point for those found guilty of a first-offense extreme DUI in Arizona. However, if the convicted individual opts to install an ignition interlock device in their vehicle promptly, the sentence may be reduced by 21 days in jail. Thus, the minimum incarceration period for first-time Extreme DUI offenders is nine days.



Financial Burdens

Should an individual forgo the immediate installation of an ignition interlock system, the 30-day jail stay could accrue costs of $3,300. Further expenses include substance abuse screening worth $100 and required classes totaling $1,000 for 36 hours.


Drivers License Suspension

After the sentence, a three-month license suspension period ensues. To resume legal driving post-incarceration, installing an ignition interlock system, costing around $1,500, is mandatory if it hasn’t been installed previously.


Car Insurance

Car insurance also poses additional financial burdens. Post-conviction, an SR-22 policy becomes necessary, which is a commitment by the insurance company to notify the Department of Motor Vehicles if your car insurance lapses. This adds another $500 per year for three years, up to $1,500.

Furthermore, even with the most budget-friendly policies, expect a significant surge in auto insurance rates. The insurance cost will increase by a minimum of $3,000 annually for three consecutive years, amounting to $9,000. During this period, it’s mandatory to maintain continuous insurance coverage on your vehicle, and any lapse will be reported.

Top 5 FAQs About ARS 28-1382 (A)(1)

Below are the most common questions we are asked when a person has been arrested and charged with an extreme DUI.

What is the specific blood alcohol concentration (BAC) that qualifies for an Extreme DUI under ARS 28-1382(A)(1)?

A BAC of 0.15% or more within two hours of driving qualifies as an Extreme DUI under ARS 28-1382(A)(1).

What's the mandatory jail time for a first-time Extreme DUI conviction?

For a first-time Extreme DUI conviction, Arizona law mandates a minimum of 30 days jail time.

Can I reduce my jail time for a first-time Extreme DUI charge?

Yes, 21 days of the 30-day sentence can be suspended if an ignition interlock device is installed in your vehicle promptly after the conviction.

Are there additional penalties aside from jail time for an Extreme DUI conviction?

Yes, penalties can include fines, license suspension, mandatory alcohol education programs, and installation of an ignition interlock device in your vehicle.

How does an Extreme DUI conviction impact my driving record in Arizona?

An Extreme DUI conviction is a class 1 misdemeanor and will remain on your driving record for 7 years, impacting future insurance rates and potentially employment opportunities.

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