Is Extreme or Super Extreme DUI a Felony in Arizona?
 by Ryan Cummings | May 28, 2025 | DUI Defense
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A common concern we hear at R&R Law Group is this: “If my DUI citation says Extreme or Super Extreme, am I being charged with a felony?” It’s a great question — and the answer is no. By itself, an Extreme or Super Extreme DUI is not a felony in Arizona. These are still considered misdemeanor charges, unless there are additional factors that elevate the offense to an Aggravated DUI, which is a felony. Let’s break this down.

Types of DUI Charges in Arizona
Arizona recognizes several DUI charge levels depending on the driver’s blood alcohol concentration (BAC) and the circumstances of the arrest.

Impaired to the Slightest Degree
No specific BAC required. Based on signs of impairment (e.g., swerving, slurred speech). Misdemeanor.

Legal Limit DUI
BAC of 0.08% or higher. Most common charge. Misdemeanor.

Extreme DUI
BAC of 0.15% to 0.199%. Misdemeanor.

Super Extreme DUI
BAC of 0.20% or higher. Still a misdemeanor — even if BAC is 0.30% or higher.

Even a BAC five times over the legal limit doesn’t turn a DUI into a felony unless there are aggravating factors present.

What Makes a DUI a Felony in Arizona?
A DUI becomes a felony — called an Aggravated DUI — when one or more of the following apply:

  • It’s your third DUI within 7 years (84 months)

  • You were driving on a suspended, canceled, or revoked license

  • You were required to have an ignition interlock device but were not using it

  • A person under the age of 15 was in the vehicle

  • You were driving the wrong way on a highway

If any of these aggravating factors are present, your case could be elevated from a misdemeanor to a felony, carrying significantly harsher consequences, including mandatory prison time.

Penalties for Extreme and Super Extreme DUI
Even though Extreme and Super Extreme DUIs are still misdemeanors, the penalties are more severe than for a regular DUI.

Extreme DUI (BAC 0.15% – 0.199%) First Offense:

  • Minimum 30 consecutive days in jail (with potential for suspension after alcohol treatment)

  • Fines and fees of approximately $2,500 or more

  • Driver’s license suspension

  • Mandatory alcohol screening and treatment

  • Ignition interlock device requirement

Super Extreme DUI (BAC 0.20% or higher) First Offense:

  • Minimum 45 consecutive days in jail (with potential for suspension after alcohol treatment)

  • Increased fines and fees

  • Longer ignition interlock requirement

  • Same additional penalties as above

Penalties increase with repeat offenses, with jail time and fines growing more severe.

Bottom Line
Extreme and Super Extreme DUIs are still misdemeanors in Arizona. A high BAC alone does not make a DUI a felony. Only when certain aggravating factors are present — like a suspended license or a child in the vehicle — will a DUI be considered a felony-level offense.

If you’ve been charged with any level of DUI in Arizona, it’s important to speak with a knowledgeable DUI attorney. Contact our team at R&R Law Group for a free case evaluation. We’ll walk you through your case and help determine the best legal path forward.

đź“ž Call us today at (602) 362-9727 to get started.