DUI Laws, Penalties, and Felony DUI Charges in Arizona

Understanding Extreme DUI, Super Extreme DUI, and Aggravated DUI

Arizona enforces some of the toughest DUI laws in the country. Whether you are facing a standard DUI, Extreme DUI, Super Extreme DUI, or an Aggravated DUI felony charge, understanding how Arizona DUI laws work — and what factors can increase the severity of a case — is essential to protecting your rights, license, record, and future.

A common question we get in DUI cases is whether an Extreme DUI or Super Extreme DUI automatically makes the case a felony.
People see the words “extreme” or “super extreme” on their ticket, and naturally, they get concerned. They think, if this says Extreme DUI, or if it says Super Extreme DUI, does that mean I’m now being charged with a felony?
The answer is no.
By itself, an Extreme DUI or a Super Extreme DUI does not make your DUI a felony.

Extreme DUI and Super Extreme DUI Are Usually Misdemeanors

In Arizona, DUI charges are generally misdemeanors unless there is something else that aggravates the case and turns it into a felony. That felony version is called Aggravated DUI.
That means a high blood alcohol concentration alone does not automatically create a felony DUI charge.

Extreme DUI and Super Extreme DUI are more serious than a basic DUI because they involve higher alcohol levels and increased penalties, but they are still misdemeanor DUI charges unless aggravating factors are present.

DUI BAC Levels in Arizona

Arizona has several different ways a person can be charged with DUI.

DUI Impaired to the Slightest Degree

You can be charged with DUI for being impaired to the slightest degree. That means the state is alleging that your ability to drive was impaired, even if your blood alcohol concentration was below the legal limit.

Legal Limit DUI

You can also be charged with a legal limit DUI if your blood alcohol concentration is .08 or higher.

Extreme DUI

Extreme DUI applies when your blood alcohol concentration is .15 or higher.

Super Extreme DUI

Super Extreme DUI applies when your blood alcohol concentration is .20 or higher.

Even if someone’s blood alcohol concentration is very high — .25, .30, or higher — the blood alcohol number alone does not automatically make the case a felony. Once it reaches .20 or above, Arizona treats it as a Super Extreme DUI. That is the highest misdemeanor alcohol-level category.

Does a High BAC Make a DUI a Felony?

No. A high BAC by itself does not make a DUI a felony in Arizona.
That is one of the biggest misconceptions people have when they receive an Extreme DUI or Super Extreme DUI citation.
The blood alcohol concentration affects the severity of the misdemeanor penalties. It can increase jail exposure, fines, ignition interlock requirements, and other consequences. But the BAC level alone does not move the case into felony court.

What Makes a DUI a Felony in Arizona?

A DUI becomes a felony when it qualifies as an Aggravated DUI.
Aggravated DUI can apply when certain aggravating factors are present.

Common examples include:

• A third DUI within 84 months
• DUI while your license is suspended, revoked, canceled, or refused
• DUI while you are required to have an ignition interlock device installed
• DUI with a minor under the age of 15 in the vehicle
• DUI while driving the wrong way on a highway

Those are the types of factors that can take a DUI out of the misdemeanor category and turn it into a felony-level charge.

What Is an Aggravated DUI?

An Aggravated DUI is Arizona’s felony DUI charge. It is not based only on alcohol level. Instead, it is based on the presence of aggravating circumstances.

For example, someone with a Super Extreme DUI and no aggravating factors may still be facing a misdemeanor. But someone with a standard DUI while driving on a suspended license may be facing a felony Aggravated DUI.
That distinction is extremely important.

Penalties for Extreme and Super Extreme DUI

Extreme DUI and Super Extreme DUI charges are still serious, even when they are misdemeanors.

Potential consequences may include:

• Mandatory jail time
• Fines and surcharges
• Alcohol screening and treatment
• Ignition interlock device requirements
• Driver’s license consequences
• Increased insurance costs
• A misdemeanor criminal record

For more information about DUI sentencing, visit our page on Arizona DUI penalties.

Ignition Interlock Issues in DUI Cases

Ignition interlock requirements are a major part of many Arizona DUI cases, especially Extreme DUI and Super Extreme DUI cases.
There are also situations where driving under the influence while required to have an ignition interlock device can create aggravated DUI exposure.
You can learn more about current interlock requirements on our page about Arizona DUI interlock laws.

Common Misconceptions About Felony DUI Charges

The most common misconception is that the word “extreme” automatically means felony.

It does not.
Extreme DUI and Super Extreme DUI are based on blood alcohol concentration. Felony DUI is based on aggravating factors. So if you are worried because your citation says Extreme DUI or Super Extreme DUI, the next question is not simply how high the BAC was. The next question is whether any aggravating factors are present.

Speak With an Arizona DUI Defense Attorney

If you have been charged with Extreme DUI, Super Extreme DUI, or Aggravated DUI in Arizona, it is important to understand exactly what you are facing.
The difference between a misdemeanor DUI and a felony DUI can be significant. The facts of your case, your driving history, prior DUI history, license status, and whether any aggravating factors apply all matter.

We offer free case evaluations and can review your citation, explain the charges, and help you understand your options moving forward.

Contact R&R Law Group to speak with an Arizona DUI defense attorney about your case.