duistatelaws.com A.R.S. 28-1382: extreme and super extreme DUI in Arizona
Section 28-1382 is Arizona’s extreme DUI law. It turns on the number alone: 0.15 or more within two hours, or 0.20 or more. This page goes through its two levels, the jail floors, the interlock exception, the assessments and the second-offense terms, in the statute’s own order.
Key takeaways
- Section 28-1382(A) has two levels: 0.15 or more but less than 0.20, and 0.20 or more, each measured within two hours of driving.
- First conviction: at least 30 consecutive days at 0.15, 45 at 0.20 (subsection D).
- With a twelve-month interlock, the judge may suspend all but 9 days (0.15) or 14 days (0.20) (subsection I).
- Fines of at least $250 or $500, plus a $250 abatement assessment and two $1,000 assessments.
- It is a class 1 misdemeanor (subsection K), like 28-1381.
What section 28-1382 does
Section 28-1382 creates the offense of driving or being in actual physical control while under the extreme influence of intoxicating liquor. Unlike section 28-1381(A)(1), it is defined entirely by a number: subsection (A) makes it unlawful to drive or be in actual physical control of a vehicle in Arizona if the person has an alcohol concentration at one of two levels within two hours of driving or physical control, and the alcohol was consumed before or while driving. Subsection (B) names the offense; subsection (K) makes it a class 1 misdemeanor.
Subsection (A): the two levels
| Paragraph | Alcohol concentration | Jail floor | Fine floor | Can be suspended to |
|---|---|---|---|---|
| (A)(1) | 0.15 or more but less than 0.20 | 30 consecutive days | $250 | 9 days, with a 12-month interlock |
| (A)(2) | 0.20 or more | 45 consecutive days | $500 | 14 days, with a 12-month interlock |
Both floors carry the clause that runs through Arizona’s DUI sentencing: the person “is not eligible for probation or suspension of execution of sentence unless the entire sentence is served”. The exception is in subsection (I), below. Subsection (C) requires the court to tell the defendant at arraignment that a jury trial may be requested and will be granted if it is.
Sentencing: subsections (D), (E) and (I)
Subsection (D): a first conviction
Besides the jail floor and fine, a person convicted under section 28-1382:
- shall pay an additional $250 assessment to the driving under the influence abatement fund; the fine, other assessments, restitution and incarceration costs are paid before it;
- may be ordered to perform community restitution;
- shall be required by the department to equip any vehicle the person operates with a certified ignition interlock under section 28-3319, and the court may order it for more than twelve months from completion of screening or treatment;
- shall pay two assessments of $1,000 each — to the prison construction and operations fund and the public safety equipment fund — not subject to surcharge; and
- shall complete an approved traffic survival school course.
Subsection (I): the interlock exception
Notwithstanding the jail floor, at sentencing the judge may suspend all but nine days of an (A)(1) sentence, or all but fourteen days of an (A)(2) sentence, if the person equips any vehicle they operate with a certified ignition interlock for twelve months. If the person fails to comply with the interlock article and is not on probation, the court must issue an order to show cause why the rest of the jail sentence should not be served. This is a different bargain from section 28-1381, where the suspension turns on completing treatment rather than on the interlock.
Subsection (E): a second conviction within 84 months
Subsection (E) applies when, within 84 months, a person has a second 28-1382 conviction, or a 28-1382 conviction plus a prior under section 28-1381 or 28-1383 or an out-of-state act that would be one here. Subsection (F) counts the 84 months by the dates the offenses were committed, and subsection (G) excludes a conviction arising out of the same series of acts.
| (A)(1): 0.15–0.199 | (A)(2): 0.20+ | |
|---|---|---|
| Jail | 120 days, 60 consecutive | 180 days, 90 consecutive |
| Fine | at least $500 | at least $1,000 |
| Assessments | $250 abatement, plus $1,250 and $1,250 | |
| Community restitution | at least 30 hours | |
| License | revoked for at least one year; interlock required | |
Subsection (H) makes a person revoked and sentenced under (E) eligible for a special ignition interlock restricted license under section 28-1401. Traffic survival school is required again.
The time limit, and the sections either side
The two-year limit for serious collisions
Subsection (J) sets the same rule as section 28-1381(Q): a prosecution under section 28-1382 involving a collision that caused serious physical injury or death, as identified in a written accident report, must be commenced within two years after actual discovery of the offense by the State or the political subdivision having jurisdiction, or when it should have been discovered with reasonable diligence, whichever comes first.
How 28-1382 relates to 28-1381 and 28-1383
A reading of 0.15 or more is also 0.08 or more, so the facts that support an extreme DUI under section 28-1382 also meet the per se paragraph of section 28-1381(A)(2); the extreme section is what sets the higher floors. And section 28-1383 names a violation of section 28-1382 as a base offense on each of its aggravated routes — driving on a suspended license, a third offense in 84 months, a passenger under fifteen, an interlock requirement, or the wrong way on a highway.
| 28-1381 (ordinary) | 28-1382(A)(1) (0.15) | 28-1382(A)(2) (0.20) | 28-1383 (aggravated) | |
|---|---|---|---|---|
| Class | Class 1 misdemeanor | Class 1 misdemeanor | Class 1 misdemeanor | Class 4 felony; class 6 for the child-passenger route |
| Jail or prison floor | 10 consecutive days | 30 consecutive days | 45 consecutive days | 4 months prison: (A)(1), (A)(2) with two priors, (A)(5); 8 months: (A)(2) with three or more priors; (A)(3): the base section’s minimum; (A)(4): none stated |
| Can be suspended to | 1 day, on completing treatment | 9 days, with a 12-month interlock | 14 days, with a 12-month interlock | — |
| Fine floor | $250 | $250 | $500 | $750 |
| Assessments | $500 + $500 | $250 + $1,000 + $1,000 | $250 + $1,000 + $1,000 | $250 + $1,500 + $1,500 |
Read across, a higher reading meets the elements of the next column, and an aggravating circumstance in section 28-1383(A) is what makes the offense a felony. The jail, fines and assessments in each column are minimums the statutes set; each section also requires traffic survival school, and the interlock rules differ as described above.
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Common questions
What is extreme DUI in Arizona?
A violation of A.R.S. 28-1382: driving or being in actual physical control with an alcohol concentration of 0.15 or more within two hours of driving, from alcohol consumed before or while driving.
What is the difference between 28-1382(A)(1) and (A)(2)?
Paragraph (A)(1) covers 0.15 or more but less than 0.20; paragraph (A)(2) covers 0.20 or more, sometimes referred to as super extreme DUI, a term the statute does not use. The jail floor and fine are higher under (A)(2).
What is the jail for a first extreme DUI in Arizona?
At least 30 consecutive days under (A)(1), or 45 under (A)(2), under subsection (D)(1). Subsection (I) lets the judge suspend all but nine days, or fourteen under (A)(2), if the person fits a certified interlock for twelve months.
Is extreme DUI a felony in Arizona?
No. Subsection (K) makes it a class 1 misdemeanor. It becomes aggravated DUI, a felony, only on one of the routes in section 28-1383.
What are the assessments for extreme DUI?
On a first conviction, a $250 assessment to the DUI abatement fund and two $1,000 assessments, plus the fine; on a second within 84 months, $250 and two $1,250 assessments.
What happens on a second extreme DUI within 84 months?
At least 120 days (60 consecutive) under (A)(1), or 180 days (90 consecutive) under (A)(2); a fine of at least $500 or $1,000; at least 30 hours of community restitution; and revocation for at least a year, with an interlock.
Related
- A.R.S. 28-1381 — the ordinary DUI offense, paragraph by paragraph
- A.R.S. 28-1383 — aggravated DUI, the felony routes
- Arizona DUI law — the penalty table, the MVD clock and the 84-month window
- Phoenix — which court hears a Maricopa County DUI
- Ignition interlock requirements by state
Sources
- A.R.S. § 28-1382 — read in force 2026
- A.R.S. § 28-1381 — read in force 2026
- A.R.S. § 28-1383 — read in force 2026
- A.R.S. § 28-3319 — read in force 2026
Statute text read on azleg.gov on October 20, 2026. This page explains what the section says; it is not legal advice about any case.
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