Phoenix Extreme DUI Defense Lawyer – Arizona (A.R.S. § 28-1382)

What Is Extreme DUI in Arizona?

Arizona law defines Extreme DUI as operating or being in actual physical control of a vehicle with a BAC between 0.15% and 0.199% within two hours of driving.

• BAC of 0.20% or more is classified as Super Extreme DUI, with even higher minimum penalties.
• Extreme DUI is a Class 1 misdemeanor — not a felony — unless aggravating factors under A.R.S. § 28-1383 apply.

Understanding “Actual Physical Control”

You don’t have to be driving to face an Extreme DUI charge. Arizona courts (e.g., State v. Zaragoza, 221 Ariz. 49 (2009)) have held that being in a position to readily operate the vehicle while impaired can be enough.

Example:

• Likely charge: If you’re in the driver’s seat, engine running, heat on, waiting for a friend while impaired.
• Possible defense: If you’re asleep in the back seat with the keys locked in the trunk — this may weigh against actual physical control.

Penalties for Extreme DUI in Arizona

First Offense Extreme DUI (0.15–0.199)

• Jail: Minimum 30 consecutive days, may be reduced to 9 days if IID is installed for 12 months & treatment completed.
• Fines/Fees: Commonly $2,500+ after surcharges.
• License: 90-day suspension (possible restricted privileges).
• IID: 12 months.
• Other: Alcohol screening & counseling, possible probation/community service.

First Offense Super Extreme DUI (≥ 0.20)

• Jail: Minimum 45 consecutive days, may be reduced to 14 days with IID & treatment.
• IID: Often 18 months.

Second Extreme DUI within 84 Months

• Extreme: Minimum 120 days (60 consecutive).
• Super Extreme: Minimum 180 days (90 consecutive).
• Longer IID and license revocation periods.

How Arizona Courts View Extreme DUI Cases

Arizona appellate courts have shaped how BAC timing, actual physical control, and procedural errors can affect outcomes:

• State v. Martin, 174 Ariz. 118 (App. 1992): Confirmed the “two-hour rule” means BAC testing must be tied to time of driving, allowing defenses if delays or uncertainties exist.
• State v. Zaragoza: Clarified “actual physical control” factors, emphasizing totality of circumstances.
• State v. Morales, 198 Ariz. 372 (App. 2000): Emphasized strict compliance with implied consent advisories.

Hypothetical: When the Details Change the Outcome

Imagine a college student in Tempe leaves a party with a BAC of 0.16%. His plan: sleep in his parked car outside his apartment until sober. The keys are in his pocket, he’s reclined in the driver’s seat, and the engine is off. A passing officer knocks on the window.

• Prosecution angle: Keys in reach + driver’s seat = actual physical control.
• Defense strategy: Highlight no intent to drive, safe off-road location, engine off, and present corroborating witness statements.

Inside Knowledge: Phoenix & Maricopa County DUI Court Practices

In Phoenix Municipal Court, first-time extreme DUI defendants with clean records may have earlier access to home detention programs if eligible. In Maricopa County Superior Court, aggravated elements mean felony handling, where timelines and plea negotiations are stricter.

We regularly deal with:

• Task force BAC vans — challenging calibration & observation logs.
• City court pretrial timelines — knowing when to push early suppression motions vs. when to wait for lab results.
• MVD hearings — cross-examining arresting officers to target inconsistencies between administrative and criminal testimony.

Defense Tactics We Use for Extreme DUI Cases

• BAC Timing Challenges: Using State v. Martin to question test validity outside the statutory two-hour window.
• Field Sobriety Test (FST) Reliability: Showing medical, footwear, or surface issues affecting results.
• Breath/Blood Testing Scrutiny: Verifying device maintenance logs, chain of custody, and proper vial preservation.
• Mitigation Presentation: Clean record, completion of treatment before sentencing, community service.
• Alternative Sentencing Advocacy: IID-based jail reductions, home detention, or continuous alcohol monitoring when courts permit.

Why Experience Matters in Extreme DUI Defense

The difference between serving 30 days straight in jail and 9 days with alternative monitoring often comes down to knowing the statute, the judge’s practices, and the prosecutor’s limits. Zalman Sapad’s years of DUI defense in Phoenix give him the insight to:

• Identify procedural errors that can lead to suppression.
• Navigate both MVD and court processes without missing critical deadlines.
• Negotiate within the tight boundaries Arizona law sets for DUI plea agreements.
• Arguing for Home Detention to avoid significant jail time.

Contact Arizona Justice Law Group

If you are facing an Extreme or Super Extreme DUI, time is critical. Both court and MVD deadlines start running from the day of your arrest.

📞 Call (602) 730-1756

📧 ArizonaJusticeLawyer@gmail.com

Contact Arizona Justice Law