Are Extreme & Super Extreme DUI Charges a Felony in Arizona?

Learn About The Types Of DUI Charges & Their Penalties

If you have been arrested for a DUI or are facing DUI charges in Arizona, you may be wondering what penalties you can expect and how this may affect your future. Your best option is to work with a qualified Arizona DUI attorney who can help you understand your options and defend you through the court process.

In Arizona, DUI charges and convictions are divided into three categories, based on blood alcohol concentrations (BAC):

DUI: BAC of 0.08%-0.149%
Extreme DUI: BAC of 0.15%-0.199%
Super Extreme DUI: BAC of 0.02% or higher

Under Arizona state law, driving under the influence is defined as driving a vehicle with a BAC of 0.08% or higher, even if the person is not impaired. This means you can face DUI charges based exclusively on your blood alcohol levels, even if you were driving safely and following traffic laws.

Extreme DUI Charges

As mentioned, an Extreme DUI charge means the driver had a blood alcohol limit over 0.15%. The laws and consequences for Extreme DUI are more severe than for a DUI with a lower BAC. If you are pulled over by a police officer and your breathalyzer results come back higher than 0.15%, you will be arrested and the police officer will immediately impound your vehicle for 30 days.

A first time Extreme DUI conviction will result in several penalties, including:

30 days to six months spent in a county jail
Up to five years of probation
A fine of $1,500 or more
A mandatory drug and alcohol screening
Driver’s license suspension for 90 days
The installation of an ignition interlock device on your vehicle

If this is your second or more DUI offense, the penalties will be more severe:

Four months to six months spent in a county jail
Up to five years of probation
A fine of $1,500 or more
A mandatory drug and alcohol screening
Driver’s license suspension for one year
The installation of an ignition interlock device on your vehicle

The penalties for an Extreme DUI are more extensive than those of a DUI. For example, a regular DUI can be punished with 10 days in jail, but 9 of those days in jail can be suspended if the defendant goes to alcohol counseling. For an Extreme DUI conviction, the base sentence is not only three times higher, but the defendant is also much less likely to have their jail time reduced. Whether that happens is up the discretion of the judge and only if the defendant is able to provide proof of the installation of an ignition interlock on their vehicle. Ignition interlock devices are expensive to install and maintain, and may not be a financially viable option for everyone. The legal advice of a Phoenix DUI attorney firm is imperative to help you navigate Extreme DUI charges.

Super Extreme DUI Charges

A Super Extreme DUI is similar to an Extreme DUI but a bit more severe. To be charged with a Super Extreme DUI, your blood alcohol content must have been above 0.20. If your breathalyzer results come back at Super Extreme DUI levels, you will be arrested and your vehicle will be impounded for 30 days. Additionally, you’ll face harsher penalties than you would with an Extreme DUI.

Super Extreme DUI penalties for a first time offense include:

45 days to six months spent in a county jail
A fine of $3,200 or more
A mandatory drug and alcohol screening
Driver’s license suspension
The installation of an ignition interlock device on your vehicle

Subsequent Super Extreme DUI penalties are more extensive:

At least six months spent in jail
A fine of $3,200 or more
A mandatory drug and alcohol screening
Driver’s license suspension
The installation of an ignition interlock device on your vehicle

As with other Extreme DUI convictions, a defendant faces more days in jail than they would with a regular DUI, and only some of those days in jail can be suspended, at the discretion of the judge and under certain conditions.

Felony or Misdemeanor?

It’s a common misconception that Extreme and Super Extreme DUIs charges are felony charges, but this is not true. Under Arizona law, both of these types of DUIs are classified as a Class 1 misdemeanor. However, it’s important to realize that the circumstances of the DUI case may lead to different convictions and penalties than mentioned here. These include circumstances such as whether a minor was in the vehicle, whether weapons were involved, and whether there was bodily or property damage as a result of the impaired driving. Regardless of the circumstances, you’ll want an experienced Arizona DUI lawyer on your side to help you understand your rights and protect your future.

This article is courtesy of Villanueva-Skura Attorneys at Law, an experienced criminal defense lawyer firm dedicated to aggressively protecting the freedom of their clients.