Phoenix Extreme DUI Lawyer

Former Maricopa County Prosecutor. 25+ Years Defending Extreme DUI Charges.

An extreme DUI charge under ARS 28-1382 carries mandatory minimums that can’t be suspended until served. A BAC of 0.15% or higher places you in a category where the penalties are rigid, the timeline is unforgiving, and the quality of your defense is a consequential variable in what happens next.

I’m Marc Koplow. Before founding The Koplow Law Firm in 2005, I prosecuted DUI cases in the Vehicular Crimes Section of the Maricopa County Attorney’s Office. That background gives me direct knowledge of how the state assembles extreme DUI cases and where they tend to break down. With 25+ years of criminal law experience and advanced training in DUI forensics and blood alcohol testing, I know what to look for that other attorneys often miss.

Every case I take is handled directly by me. Not a junior associate.

When you need a Phoenix extreme DUI attorney, call (602) 560-7837 or contact The Koplow Law Firm online.

What Arizona’s Extreme DUI Law Actually Says

Under ARS 28-1382(A)(1), extreme DUI is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.15% or higher but less than 0.20% within two hours of driving or being in actual physical control of the vehicle. It’s a Class 1 misdemeanor, Arizona’s most serious misdemeanor category, not a felony absent aggravating factors.

A BAC above the threshold doesn’t automatically mean a conviction. The state must prove the BAC was within the two-hour window and that every step of the testing process was conducted properly. Those are two distinct requirements, and either can be challenged.

I’ve fought DUI charges across the full range of severity, from cases dismissed outright to minimum-penalty outcomes, and I review other attorneys’ prior work when clients believe overlooked defense options exist. I’ve also appealed DUI convictions where the trial record supported it. An extreme DUI charge is not a foregone conclusion.

Penalties for a First-Offense Extreme DUI in Phoenix

A first-offense extreme DUI conviction carries a mandatory minimum of 30 consecutive days in jail. Under ARS 28-1382, a judge may suspend all but 9 of those days if you install a certified ignition interlock device (IID) for 12 months. Probation and sentence suspension aren’t available unless the mandatory minimum is served. The IID provision is the one exception the statute allows.

Combined fines, surcharges, and mandatory assessments under ARS 28-1382 typically total approximately $2,500 for a first offense. That figure reflects the full stack of base fines, state surcharges, and required fees, not a single line-item fine.

Additional conviction requirements include:

• Mandatory IID installation for at least 12 months upon license reinstatement
• Alcohol and drug screening, education programs, and treatment
• Community service hours

Collateral consequences extend well beyond the courtroom:

• 30-day vehicle impoundment upon arrest
• Mandatory SR-22 high-risk insurance filing, which substantially increases premiums and follows the driver for at least three years
• A permanent criminal record that Arizona doesn’t allow to be expunged
• A set-aside may be available after completing all sentence requirements, but the underlying conviction remains visible to employers, landlords, and licensing boards
• Licensed professionals, including physicians, nurses, attorneys, and real estate agents, may face separate licensing board review

What Happens to Your License

An extreme DUI arrest triggers an automatic administrative license suspension by the Arizona Motor Vehicle Division (MVD) under ARS 28-1321, Arizona’s implied consent law. This suspension runs on its own timeline, separate from the criminal case. You have 15 days from the suspension notice to request a hearing with the MVD. Missing that deadline waives your right to contest the administrative suspension entirely.

Depending on where the arrest occurred, hearings may be scheduled at Phoenix Municipal Court or a Maricopa County Justice Court. A restricted driver’s permit for work or school travel may be available during the suspension period, but eligibility depends on case-specific factors and isn’t automatic.

Additional license consequences to know:

• CDL holders: A CDL suspension of one year applies, directly threatening commercial driving employment.
• Out-of-state drivers: Arizona suspension activity is reported to other states and can affect your driving record in your home state.

Second & Third Extreme DUI Convictions

A second extreme DUI conviction within 84 months carries a mandatory minimum of 120 days in jail with at least 60 served consecutively, combined fines and assessments of approximately $3,250, at least 30 hours of community restitution, a one-year license revocation, and mandatory IID installation for at least one year.

Prior DUI convictions from other states may count toward Arizona’s 84-month lookback period for enhancement purposes. A third DUI conviction of any type within 84 months constitutes aggravated DUI under ARS 28-1383, a Class 4 felony, carrying a minimum of four months in state prison and fines up to $20,000. Work release and home detention are generally unavailable, though specific terms depend on the county and the facts of the case.