The Different Levels of DUI Charges in Arizona
Arizona has four main levels of DUI charges. A standard DUI (A.R.S. § 28-1381) applies at a blood alcohol concentration (BAC) of 0.08 or more, or when a driver is impaired to the slightest degree. Extreme DUI (A.R.S. § 28-1382) applies at 0.15 to under 0.20, and the highest tier, often called Super Extreme, applies at 0.20 or more. Aggravated DUI (A.R.S. § 28-1383) is a felony triggered by specific circumstances, such as driving on a suspended license or a third DUI within 84 months. Thomas Law PLLC attorney Fred Thomas represents DUI clients across Phoenix, Scottsdale, and Maricopa County, and consultations are free and confidential.
A DUI arrest in Arizona does not lead to one standard outcome. The state charges DUI at several levels, and which level you face drives the minimum jail time, the license consequences, and whether the charge is a misdemeanor or a felony. Most of the difference comes down to a short list of facts: your BAC, your driving record, whether your license was valid, and the circumstances of the stop.
This guide from Thomas Law PLLC in Scottsdale lays out each level in plain terms. It is general information, not advice about a specific arrest.
One deadline to know first. After a DUI arrest, a separate license-suspension process runs alongside the criminal case. The window to request an MVD hearing is generally 15 days from the arrest (A.R.S. § 28-1385). That clock does not wait for the criminal case.
Level 1: Standard DUI (A.R.S. § 28-1381)
A person can be charged with a standard DUI in several ways:
- Driving or being in actual physical control of a vehicle while impaired to the slightest degree by alcohol, drugs, or both
- Having a BAC of 0.08 or more within two hours of driving
- Having any drug or its metabolite in the body
- Having a BAC of 0.04 or more while driving a commercial vehicle that requires a CDL
First-offense penalties. A first-offense DUI is a class 1 misdemeanor. The statute requires:
- A minimum of 10 consecutive days in jail, though a judge may suspend all but one day if the person completes a court-ordered alcohol or drug screening, education, or treatment program
- A fine of at least $250, plus additional assessments
- Completion of an approved traffic survival school course
- A certified ignition interlock device on any vehicle you operate after the conviction, where the offense involved alcohol
- Community restitution may also be ordered.
Level 2: Extreme DUI (A.R.S. § 28-1382)
An Extreme DUI applies when a driver's BAC is 0.15 or more but less than 0.20 within two hours of driving. It is also a misdemeanor on a first offense, but the minimum penalties are harsher:
- A first offense carries a minimum of 30 consecutive days in jail, with no probation or suspension of that sentence unless it is served
Extreme DUI also carries additional consequences beyond the jail minimum, which are best reviewed against the specific facts of a case.
Level 3: "Super Extreme" DUI (A.R.S. § 28-1382)
Arizona's statute describes two tiers under the extreme DUI law and does not itself use the label "Super Extreme." Practitioners use that term for the higher tier, which applies when BAC is 0.20 or more. A first offense at this level carries a minimum of 45 consecutive days in jail, again without probation or suspension unless the sentence is served.
Level 4: Aggravated DUI (A.R.S. § 28-1383)
An Aggravated DUI is a felony, and it is charged based on circumstances rather than BAC alone. Under the statute, a DUI becomes a class 4 felony when it is committed:
- While the driver's license or privilege to drive is suspended, canceled, revoked, or refused
- Within 84 months of two prior qualifying DUI violations (a third or subsequent violation in that period)
- While the driver is required by a court or the MVD to have an ignition interlock device on the vehicle
- While driving the wrong way on a highway
A DUI committed while a child under 15 is in the vehicle is also an aggravated DUI, charged as a class 6 felony.
For several of the class 4 circumstances, the statute sets a minimum prison term (four months for driving on a suspended license, a third DUI within 84 months, or wrong-way driving; eight months for someone with three or more qualifying priors in that period). A felony DUI conviction also carries consequences beyond sentencing, including longer-lasting effects on employment, licensing, and civil rights.
Quick Comparison
| Level | Key trigger | First-offense minimum jail |
|---|---|---|
| Standard DUI | BAC 0.08+, or impaired to the slightest degree | 10 days (judge may suspend all but one after a program) |
| Extreme DUI | BAC 0.15 to under 0.20 | 30 consecutive days |
| Super Extreme | BAC 0.20+ | 45 consecutive days |
| Aggravated DUI | Suspended license, third DUI in 84 months, interlock violation, wrong-way driving (felony) | Prison minimums for several circumstances (four to eight months) |
Why the Level of the Charge Matters
The level affects the minimum jail or prison time, whether the charge is a misdemeanor or felony, the length of ignition interlock and other license consequences, and the room available to negotiate. A first-offense standard DUI and a felony aggravated DUI are very different cases, even though both start with a traffic stop.
A DUI's charge level is also not always fixed at arrest. It can turn on how the BAC test was administered, whether the stop was lawful, and whether the license-status or prior-offense allegations are accurate, which is why early review of the facts matters.
What Should You Do After a DUI Arrest in Arizona?
- Mark the 15-day MVD hearing deadline and request the hearing in time if you want to challenge the suspension.
- Do not discuss the case with anyone other than your attorney.
- Write down what happened while it is fresh: where you were stopped, what the officer said, what tests were given.
- Gather documents, including the citation, release paperwork, and any test results you receive.
- Talk to a DUI attorney promptly. Early review is the best chance to evaluate the stop, the testing, and the charge level.
Arrested for DUI? Call Thomas Law PLLC at (480) 582-1549 for a free, confidential consultation with attorney Fred Thomas.
Frequently Asked Questions
What are the levels of DUI in Arizona? Arizona has standard DUI (BAC 0.08 or more, or impaired to the slightest degree), Extreme DUI (BAC 0.15 to under 0.20), a higher tier at 0.20 or more commonly called Super Extreme, and Aggravated DUI, which is a felony triggered by circumstances such as a suspended license or a third DUI within 84 months.
What BAC is an Extreme DUI in Arizona? A BAC of 0.15 or more but less than 0.20, measured within two hours of driving, is an Extreme DUI under A.R.S. § 28-1382. A BAC of 0.20 or more is the higher tier.
How much jail time is mandatory for a first DUI in Arizona? A first-offense standard DUI carries a minimum of 10 consecutive days, though a judge may suspend all but one day if the person completes a court-ordered program. A first Extreme DUI carries a minimum of 30 consecutive days, and a first offense at 0.20 or more carries 45 consecutive days.
What makes a DUI a felony in Arizona? A DUI becomes an Aggravated DUI, a felony, when it involves a suspended, canceled, revoked, or refused license, a third or subsequent DUI within 84 months, a required ignition interlock device, driving the wrong way on a highway, or (as a class 6 felony) a child under 15 in the vehicle.
What is the difference between a DUI and an Extreme DUI in Arizona? The main difference is blood alcohol level. A standard DUI applies at 0.08 or more or when a driver is impaired to the slightest degree, while an Extreme DUI applies at 0.15 or more. Extreme DUI carries a 30-day minimum jail term for a first offense compared with 10 days for a standard DUI.
Can a DUI charge be reduced in Arizona? Sometimes, though it is never guaranteed. Reductions generally depend on the evidence, the BAC level, prior history, and negotiations with the prosecutor, which is why an early review of the stop and the testing matters.
Is there a DUI lawyer near me in Phoenix or Scottsdale? Yes. Thomas Law PLLC represents DUI clients throughout Phoenix, Scottsdale, Mesa, Tempe, and Maricopa County, and attorney Fred Thomas offers free, confidential DUI consultations.
Get a Direct Answer About Your Charge, Call (480) 582-1549
About the Attorney
Fred Thomas is the founding attorney of Thomas Law PLLC in Scottsdale, Arizona. He earned his B.S. from Arizona State University and his J.D. from McGeorge School of Law, worked in the insurance industry before practicing law, and has spent over two decades practicing law. Every DUI client works directly with Fred, with no case manager between you and your attorney.
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This article is for general informational purposes only and is not legal advice. Laws and exemption amounts change, and every situation is different. Reading this article or contacting Thomas Law PLLC does not create an attorney-client relationship. For advice about your situation, speak with a licensed attorney.