ARIZONA EXTREME DUI

If you have been charged with drinking and driving, most people are only concerned about whether their blood alcohol concentration (BAC) is over the legal limit of 0.08. In Arizona, however, there are additional charges and penalties a person will face if their BAC exceeds higher legal thresholds. In fact, there in an entire statute devoted to Arizona extreme DUI.

Arizona Extreme DUI

Arizona Extreme DUI Law Explained:

You can be charged with a more severe 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.

Pursuant to A.R.S. § 28-1382 it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of:

  • 0.15 or more but less than 0.20;

within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

Arizona Super Extreme DUI Law Explained:

You can also be charged with even more DUI charges under A.R.S. 28-1382 as it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of:

  •  0.20 or more;

within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

It is important to remember that if you are charged with a super extreme DUI, most law enforcement agencies will also charge you with the lesser included offenses as well. It is common to see an individual charged with an Arizona Extreme DUI for:

  1. Having a BAC of 0.20 or more (A.R.S. § 28-1382A2); and
  2. Having a BAC of 0.15 or more but less than 0.20 (A.R.S. § 28-1382A1); and
  3. Having a BAC of 0.08 or more (A.R.S. § 28-1381A2); and
  4. Being impaired to the slightest degree (A.R.S. § 28-1381A1).

Penalty for Extreme DUI in Arizona

The penalty for extreme DUI in Arizona can be severe. If convicted of an Extreme DUI, you can expect:

Penalty Extreme DUI – First offense:

  • 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;
  • Mandatory alcohol/drug treatment program;
  • Fines and fees which will approach $3,000;
  • Suspension of your driver’s license for 90 days;
  • Ignition interlock device (IID) installed in your vehicle for 18 months after restoration of your driving privileges; and
  • Probation of up to five years.

Penalty Extreme DUI – Second offense:

  • Minimum 120 days in jail, though home detention may be available for a portion of the jail time, depending on the court;
  • Mandatory alcohol/drug treatment program;
  • Fines and fees which will approach $4,000;
  • 30 hours of mandatory community service
  • Suspension of your driver’s license for one year;
  • Ignition interlock device (IID) installed in your vehicle for one year after you get your license back; and
  • Probation of up to five years;

Penalty for Super Extreme DUI in Arizona

If you are found guilty of a super extreme DUI in Arizona, the punishment is even more harsh. If convicted, you can expect:

Penalty for Arizona Super Extreme DUI – First Offense:

  • Minimum of 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.
  • Mandatory alcohol/drug treatment program;
  • Fines and fees which will approach $3,500;
  • 30 hours of mandatory community service;
  • Suspension of your driver’s license for 90 days;
  • Ignition interlock device (IID) installed in your vehicle for 18 months after restoration of your driving privileges; and
  • Probation of up to five years.

Penalty for Arizona Super Extreme DUI – Second Offense:

  • Minimum of 180 days in jail, a maximum of 31 days may be suspended in certain courts if the person agrees to install an ignition interlock device.
  • Mandatory alcohol/drug treatment program;
  • Fines and fess which will approach $5,000;
  • 30 hours of mandatory community service;
  • Suspension of your driver’s license for one year;
  • Ignition interlock device (IID) installed in your vehicle at your expense for 18 months after restoration of your driving privileges; and
  • Probation of up to five years.

Finally, whether you are charged with an extreme DUI or super extreme DUI, additional possible punishments include:

  1. Having your vehicle impounded;
  2. An Arizona SR22 insurance mandate;
  3. Being forced to participate in a MADD Victim Impact Panel; and
  4. Increased car insurance premiums.

Extreme DUI Lawyer

Extreme DUI Lawyer

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. The good news is that all the defenses available in a regular misdemeanor DUI case are applicable to an extreme DUI charge.

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

Frequently Asked Questions (FAQs)

Is extreme dui a felony in Arizona?

  • No, not normally. Extreme DUI has to do with the level of a suspect’s BAC is a misdemeanor as a first offense, provided a minor is not in the vehicle.

What is extreme dui in Arizona?

  • Extreme DUI in Arizona is a DUI with a blood alcohol concentration above 0.15 or above 0.20 in the case of a super extreme DUI. Being convicted of extreme DUI in Arizona exposes a person to more severe penalties.