What is Extreme DUI?
A.R.S. 28-1382 states that it is a crime to drive (or to be in actual physical control (APC) of a vehicle) if your BAC within two hours of driving (or APC) is 0.15 or higher. A violation is termed driving under the extreme influence of intoxicating liquor. The statute breaks the offense down further into two categories:
- Having a BAC between 0.15 but less than 0.20 (extreme DUI); and
- Having a BAC of 0.20 or higher (commonly known as super extreme DUI).
Extreme DUI Penalties
The consequences of an extreme DUI conviction are significantly more serious than a standard drunk driving charge. And those consequences could apply in your case even when you have no prior DUI convictions, and even if there are no blemishes on your record. Here are some of the penalties that may apply if you are found guilty of extreme DUI. These are in addition to the standard penalties of any drunk driving conviction:
- Jail time. You will serve not less than 30 consecutive days in jail, all but nine of which may be suspended by the judge. In the case of super extreme DUI, the minimum jail time is 45 days, all but fourteen of which may be suspended. The suspensions are contingent upon installing an ignition interlock device for one year.
- Fines. You will be fined an additional $250 ($500 for super extreme DUI).
- Assessments. Additional assessments of more than $2,000 will be imposed.
- Community Restitution. May be ordered by the court.
- Ignition Interlock Device. Penalties include mandatory installation, at your cost, of an ignition interlock device, for a period of a year or more after your license is reinstated.
If you have a prior DUI within 84 months, and are then convicted of extreme DUI, the penalties are even greater. They include
- Jail Time. Minimum jail time of 120 days, 60 of which must be served consecutively.
- Additional Fines and Assessments.
- Community Restitution of at least 30 hours.
- License Revocation for a minimum of one year.
Phoenix DUI Lawyer Answers Drunk Driving Questions
Question 1: Will I need to go to trial for a DUI?
Question 2: How are my DUI charges different since I had a minor in the car?
Question 3: I live out of state. Can you still defend me for a…
Defending Extreme DUI Cases
The measurement of your blood alcohol content is a crucial element in any drunk driving case. Where the charge is extreme or super extreme DUI, that issue is even more important.
Any BAC measurement can be challenged. Whether the issue is the training of the individual performing the measurement, the reliability of the instruments used, or other issues, you need an attorney with experience in this area. In the case of extreme DUI, the issue becomes even more crucial, since a variation of just a few hundredths of a point could make a huge difference in the amount of fines and assessments, the duration of a license revocation, jail time, community restitution, and other penalties.
This is definitely a technical area, and your DUI defense attorney should be knowledgeable about the issues related to BAC testing. And as with all cases of driving under the influence, he should be fully conversant with search and seizure issues, traffic stops, field sobriety tests, and other issues that may arise in your case.
At the Law Offices of David A. Black, we understand the seriousness of DUI and extreme DUI cases. Call us for your free consultation.