A driving under the influence (DUI) arrest in Arizona often leaves you uncertain about what comes next, especially when the paperwork lists a charge you do not recognize. Learning how the state sorts these offenses helps put that label in context.
Separating standard and extreme DUI
A standard DUI charge occurs when your blood alcohol concentration (BAC) is 0.08% or more within two hours of driving or being in control of a vehicle. Prosecutors can also bring it at a lower reading if alcohol impaired you to the smallest degree.
An extreme DUI charge requires proof of a BAC of at least 0.15% but below 0.20% in that two-hour window, regardless of how well you appeared to drive. With 0.20% or more, you face a higher tier commonly called super extreme DUI.
Comparing DUI and extreme DUI penalties
The standard first time DUI carries a minimum sentence of 10 consecutive days in jail. A judge may suspend all but one day if you complete a court-ordered alcohol or drug program. Base fines begin at $1,250 before surcharges.
An extreme DUI with a BAC of at least 0.15% but below 0.20% triples the minimum jail time to 30 consecutive days, and a judge can reduce it to nine days if you use an ignition interlock device for a full year. The base amount you owe also doubles to $2,500 before surcharges.
A prior DUI raises these penalties when the offenses occur within seven years of each other. In that situation, an extreme DUI in this BAC range carries no less than 120 days in jail and a license revocation of at least 12 months.
Challenging the arrest and evidence
Following a DUI arrest, the administrative suspension of your license generally begins 30 days after the date on your notice. If you request a Motor Vehicle Division hearing within that time, it stays on hold until the proceeding takes place. There, you can question the arresting officer if they testify.
In the criminal case, a judge may exclude test results and observations from an unlawful stop, which can lead to dismissal. Breath-machine maintenance logs, lab records and an independent analysis of your blood sample sometimes reveal flaws in the reported BAC.