Super Extreme DUI Charge in Arizona

In Arizona, DUI charges vary by blood alcohol concentration (BAC) levels, each with specific thresholds and consequences.

A Standard DUI applies when a driver’s BAC is between 0.08% and 0.149%, while an Extreme DUI covers BAC levels of 0.15% to 0.199%.

The Super Extreme DUI, the highest DUI charge level in Arizona classified as a Class 1 misdemeanor, applies when a driver’s BAC reaches 0.20% or more within two hours of driving, as outlined in ARS §28-1382(A)(2).

First Offense Super Extreme DUI

A first-time Super Extreme DUI conviction in Arizona results in strict penalties, aimed at discouraging repeat offenses and addressing the risks associated with high BAC levels:

• Jail Time: A minimum of 45 consecutive days in jail without eligibility for probation or suspension.
• Fines and Fees: At least $500 in fines, along with additional assessments that can total thousands, contributing to state DUI abatement, prison construction, and public safety funds.
• Ignition Interlock Device (IID): Required for a minimum of 18 months on any vehicle driven by the individual after license reinstatement.
• License Suspension: Automatic 90-day suspension of driving privileges.

Second Offense Super Extreme DUI (within 84 months)

A second Super Extreme DUI within seven years significantly increases penalties:

• Jail Time: A minimum of 180 days, with 90 consecutive days served without the possibility of probation or suspension.
• Increased Fines and Assessments: Fines start at $1,000, and additional assessments are applied, including contributions to prison construction and public safety funds.
• Extended IID Requirement: An IID is required for at least 24 months post-license reinstatement.
• License Revocation: One-year revocation of driving privileges.

Third Offense Super Extreme DUI (within 84 months)

A third Super Extreme DUI offense is typically charged as a Class 4 felony, with even harsher consequences:

• Prison Time: A minimum sentence of 4 months in state prison, which may increase depending on the circumstances and presence of any aggravating factors.
• Hefty Fines and Lifetime Assessments: Fines can exceed $4,000, with additional lifetime assessments for public safety funds and prison operations.
• Long-Term IID Requirement: Courts typically mandate an IID for an extended period post-release.

Extended License Revocation: Three-year revocation of driving privileges, with a possibility of permanent revocation in cases with aggravating circumstances.

Penalties for Super Extreme DUI Convictions

In Arizona, an Extreme DUI stays on your driving and criminal record permanently, as the state does not allow DUI convictions to be expunged or removed. Although a conviction remains, individuals may apply to have it “set aside” under Arizona law, which essentially marks the conviction as resolved but doesn’t erase it. This means an Extreme DUI can still impact background checks for jobs or licenses, as it remains visible.

In Arizona, a conviction for a Super Extreme DUI results in an automatic license suspension. For a first offense, the suspension period is generally 90 days. If the offender has a prior DUI conviction within seven years, the penalty increases to a one-year revocation of driving privileges. For a third offense within 84 months, license revocation can extend to three years or even permanently in cases with aggravated circumstances.

Defending against a Super Extreme DUI charge in Arizona requires strategies tailored to challenging the elements of the charge and mitigating potential DUI penalties.

Here are some of the effective defenses used in super-extreme DUI cases:

1. Challenging BAC Accuracy: The main element of a super extreme DUI is a BAC level of 0.20% or higher. DUI attorneys often scrutinize how BAC testing was conducted, including the calibration and maintenance records of breathalyzers, or the timing and handling of blood samples. If a DUI lawyer finds inaccuracies, they may argue that the BAC was improperly recorded, reducing or dismissing the DUI charge.

2. Questioning Law Enforcement Procedures: Arizona law requires proper procedure during DUI stops and arrests. A defense lawyer may argue that the officer lacked reasonable suspicion for the stop or failed to follow protocol in conducting the test. Such arguments can invalidate key evidence, strengthening the super extreme dui defense.

3. Medical and Health Defenses: Health conditions, like GERD or diabetes, can impact breathalyzer results. This strategy can be particularly useful if the lawyer can show that a condition might have artificially inflated BAC levels.

4. Challenging Field Sobriety Tests: If field sobriety tests were conducted, their reliability can be disputed, especially since factors like poor lighting, uneven surfaces, or pre-existing health issues may lead to faulty results. Experienced DUI attorneys know these tests are often subjective and may challenge them in court.

5. Negotiating Reduced Penalties: Even if convicted, an attorney can negotiate with the court or prosecution for a lesser jail sentence, aiming to lower the 45 days in jail minimum. They may also work to mitigate fines, ignition interlock requirements, and license suspension terms.

6. Addressing Prior DUI Convictions: For defendants with a prior DUI conviction within seven years, an extreme DUI lawyer can attempt to negotiate by presenting mitigating circumstances. If successful, they can potentially reduce charges.

The Law Office of Guardian Law offers skilled defense services, with attorneys experienced in handling extreme dui cases in Arizona.

If you’re facing Super Extreme DUI charges in Arizona, it’s important to have an experienced attorney by your side. Christian Lueders, the founder of Guardian Law, brings a wealth of knowledge to every case, using his background as a former felony prosecutor to advocate for clients facing the state’s toughest DUI laws. He has defended clients charged with everything from a regular DUI to super extreme DUI cases.

Guardian Law’s team is committed to defending clients with thoughtful, personalized representation. Whether you’re facing a super extreme DUI or an initial DUI offense, Christian Lueders and his team are here to help you understand your options and protect your rights. Reach out today to discuss your case and start building a defense with a team dedicated to helping you move forward.