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.