Phoenix Super Extreme DUI Defense Lawyer – Arizona (BAC 0.20 or Higher)

What Is a Super Extreme DUI in Arizona?

Under A.R.S. § 28-1382(A)(2), you can be charged with a Super Extreme DUI if your alcohol concentration is 0.20% or higher within two hours of driving or being in actual physical control of a vehicle.

It is a Class 1 misdemeanor unless there are aggravating factors (like prior DUI convictions within 84 months, a suspended license, or a child passenger), which can escalate it to a felony under A.R.S. § 28-1383.

Inside Knowledge: In Maricopa County, prosecutors almost always file four counts together for the same incident—(1) DUI impaired to the slightest degree, (2) DUI 0.08 or more, (3) Extreme DUI 0.15+ and (4) Super Extreme DUI 0.20+. Sentencing is usually based on the highest count proven with higher mandatory minimums for each.

Why Arizona Created the “Super Extreme” Category

Arizona adopted this category in 2007 after data showed that drivers with BAC levels above 0.15 were disproportionately involved in fatal crashes.

The 0.20 threshold was set to target drivers with nearly triple the legal limit—where balance, vision, and judgment are severely impaired.

First-Time Super Extreme DUI Penalties

Even for a first offense, penalties are significantly harsher than standard or extreme DUI:

• Mandatory Jail: 45 consecutive days minimum (can be reduced to 14 days served if IID is installed for 12 months).
• Fines/Fees: Often exceeding $3,000 after surcharges.
• License Suspension: 90 days (MVD process; separate from court case).
• Ignition Interlock: Minimum 18 months.
• SR22 Insurance for High Risk Drivers
• Alcohol Screening/Treatment: Required.
• Possible Probation & Community Service.

Second Super Extreme DUI (Within 84 Months)

If you have any prior DUI in the past 7 years:

• Mandatory Jail: 180 days minimum.
• Harsher Fines: Often $3,500+.
• Two-Year Ignition Interlock.
• 1 Year License Revocation.
• Mandatory 30 hours Community Service

Key Arizona Appellate Cases That Shape Super Extreme DUI Defenses

• State v. Zaragoza (2009) – Arizona Supreme Court clarified that “actual physical control” depends on the totality of circumstances (location, keys, intent, safety measures taken). This case helps us argue safe harbor when clients were not actively driving.
• State v. Nissley (2016) – Held that BAC results are inadmissible if the State can’t establish compliance with medical privacy when conducting a blood draw in a hospital setting.
• State v. Superior Court (McDougall) – Reinforced that calibration records must be accurate and up to date for breath test result to be admissible.

Hypothetical Case Example

Scenario: A college student is stopped at 1:00 a.m. for speeding. The breath test at 2:15 a.m. shows 0.21%. The breathalyzer calibrations were not properly documents that the machine was maintained.

Defense Angle: The State cannot prove BAC was ≥0.20 because the breath test results will be found to be inadmissible in court, the super extreme charge can be challenged—possibly reduced to an “extreme” DUI.

Tactics We Use to Get Favorable Outcomes

At Arizona Justice Law Group, we build a tailored strategy for every client:

• Attack the BAC: Review calibration records, challenge the observation period, and hire independent toxicologists to re-test samples.
• Challenge Probable Cause: Suppress evidence if the stop lacked a valid legal basis.
• Argue Safe Harbor: Show you took steps not to drive while impaired (e.g., parked safely, keys away).
• Mitigation Packages: Present proof of alcohol counseling, community service, and good character to influence prosecutors.
• MVD Defense: Interrogate police officers at administrative hearings to protect your license.

Inside the Phoenix Court System

Because Zalman Sapad and his team practice daily in Maricopa County and surrounding areas, we know:

• Which judges are more open to home detention as part of a jail sentence.
• Which prosecutors respond to early mitigation evidence.
• Which police agencies rely on breath evidence, blood tests, or both.

Why Experience Matters in Super Extreme DUI Defense

Super Extreme DUI charges are not unbeatable—but success requires a deep understanding of:

• DUI science and breath/blood testing procedures.
• Arizona’s DUI statutes and appellate case law.
• Local court rules and MVD regulations.

Contact Zalman Sapad Today

If you’ve been charged with a Super Extreme DUI, you must act quickly to protect both your license and your freedom.

📞 (602) 730-1756

📧 ArizonaJusticeLawyer@gmail.com

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