Super Extreme DUI

Under A.R.S. § 28-1382(A)(2), a person commits a super extreme DUI by driving or being in actual physical control of a vehicle with a blood alcohol concentration of 0.20% or more within two hours of driving. This is the most serious misdemeanor DUI charge in Arizona.

Penalties — First Offense

• Minimum 45 consecutive days in jail (a portion may be suspended with conditions)
• Fines and assessments totaling approximately $3,750 or more
• Installation of a certified ignition interlock device for 18 months
• Mandatory alcohol screening and treatment
• 90-day license suspension

Defenses

The elevated BAC threshold makes forensic challenges especially important. Defense strategies include challenging the blood draw warrant or consent, demonstrating calibration errors at the testing laboratory, and raising timing issues with the two-hour rule through retrograde extrapolation analysis.