Extreme and Super Extreme DUI

If you are charged with drunk driving, you may believe that once you are over the legal limit for alcohol, it makes no difference how far over you actually are. In Arizona, however, there are special rules that apply to those who are found guilty of driving, or of being in actual physical control (APC) of a vehicle, with high blood alcohol content (BAC). In fact, there is an entire statute devoted to what is called “extreme” DUI.

You may not think that you were intoxicated, or even impaired by alcohol, but the law is that if you have a BAC of 0.08 within two hours of driving or being in APC of a vehicle, you have violated the DUI statute. In that case the state need not prove actual impairment – the fact that you are over the limit satisfies the requirements for of the offense.

What is Extreme DUI?

The law in our state on this point is relatively simple. You can be charged with extreme DUI under the applicable statute, A.R.S. 28-1382, if your BAC is 0.15 or more. The statute deals only with alcohol, and has no applicability to driving under the influence of drugs. It provides further that there are two levels of the offense: (a) if your BAC is at least 0.15, but less than 0.20 (extreme DUI); and (b) if your BAC is 0.20 or more (commonly referred to as super extreme DUI).

The bottom line of this law is that it has a significant effect on the penalties you face if you are convicted. In the case of extreme DUI, a first offense can lead to the following:

Extreme DUI

  • Minimum 30 days in jail, a maximum of 21 days may be suspended in certain courts if the person agrees to install an ignition interlock device. However, some courts are refusing to suspend any jail time;
  • Fines and costs which will approach $3,000;
  • Probation of up to five years;
  • Ignition interlock device (IID) installed in your vehicle at your expense for one year;
  • Possible alcohol monitoring;
  • Possible community restitution; and
  • Suspension of your driver’s license for a minimum of 90 days, with the possibility of a restricted license after 30 days.

Super Extreme DUI

  • Minimum 45 consecutive days in jail, a maximum of 31 days may be suspended in certain courts if the person agrees to install an ignition interlock device. However, some courts are refusing to suspend any jail time.
  • Mandatory alcohol/drug treatment program;
  • Fines and costs in which will be in the area of $3,500;
  • Probation of up to five years;
  • Ignition interlock device (IID) installed in your vehicle at your expense for 18 months after restoration of your driving privileges;
  • Possible alcohol monitoring;
  • Community service (30 hours); and
  • Suspension of your driver’s license for 90 days, the first 30 of which will prohibit driving completely, after which you may qualify for a restricted license;

Finally, whether you are charged with extreme DUI or super extreme DUI, you risk having your vehicle impounded.

Extreme DUI Defense Lawyer in Phoenix

Having any DUI case hanging over your head is difficult. We understand the pressure you are under, and your fears and uncertainty concerning the future. Fortunately, all the defenses available in a simple DUI case are applicable to charges under A.R.S. 28-1382.

Our substantial experience in defending these cases allows us to spot weaknesses in the prosecution’s case, and develop a sound defense strategy that provides you with the best chance of a dismissal, reduced charge or a not guilty verdict. Call The Law Office of Bret Royle for a free, confidential consultation.

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