Arizona Extreme & Super Extreme DUI
What To Do If You Are Facing DUI Charges In Arizona
Getting arrested for DUI in Arizona is already a serious offense. But there are certain levels above the legal limit that trigger increased DUI charges. When you have a high BAC when arrested for DUI in Arizona, you could be charged with Extreme or Super Extreme DUI. As their names suggest, these are more serious charges that come with more serious consequences. Read on to learn more about Extreme and Super Extreme DUI in Arizona, and what to do if you are facing these charges.
Why Your DUI Is Classified as Extreme or Super Extreme
Almost everyone knows that you can be arrested for DUI if an officer pulls you over and your BAC is .08 or higher. In Arizona, you can even be arrested for DUI if your BAC is .04-.079 and the officer deems you too drunk to drive. If your BAC is higher than 0.149, you can be charged with Extreme DUI. If you are arrested with a BAC of .20 or higher, you can be charged with Super Extreme DUI.
What are The Penalties For Extreme & Super Extreme DUI In Arizona?
Arizona is notorious for strict DUI penalties, including at least one mandatory day in jail for low level, first time offenders. If you are convicted of Extreme or Super Extreme DUI in Arizona, you can expect even harsher penalties. You will need to complete alcohol screenings, education, and treatment if you are convicted of either. You will also need to complete a certain number of hours of community service. You will need to complete defensive driving school, and all of these could come with extra fees and costs.
When you are arrested for Extreme DUI a first time in Arizona, you will need to serve a minimum 30 days in jail. If you install an ignition interlock device, or IID, all but 9 of those days can be suspended. Your fines will be at least $3,000. Your driver’s license will be suspended for at least 90 days. It is mandatory that you keep the IID installed in your vehicle for at least 1 year after an Extreme DUI conviction in Arizona.
The minimum jail sentence for a Super Extreme DUI is 45 days. However, all but 14 of those can be suspended if the driver installs an IID in their vehicle. The fines for a Super Extreme DUI in Arizona start at $3,250. Your driver’s license will be suspended for at least 90 days, and you will need to keep an IID in your vehicle for at least one year.
Subsequent Extreme & Super Extreme DUI Offenses
The penalties get steeper if you are convicted of Extreme or Super Extreme DUI multiple times. For a second Extreme DUI conviction, you will be sentenced to at least 120 days in jail, and 60 of them must be served consecutively. The minimum fines will be $3,250. For a Super Extreme DUI, the minimum jail sentence is 180 days with 90 days served consecutively. The fines will be at least $4,250. For a subsequent conviction of either, their driver’s license will be revoked for one year, but could be eligible for a restricted license after 45 days with installation of an IID. The IID will need to be kept installed for one year minimum. The judge has the authority to order more than the state minimums, and will be more inclined to do so if you are convicted of Extreme or Super Extreme DUI several times.
Keep in mind that if you are arrested for Extreme or Super Extreme DUI several times, you will be at risk of being charged with aggravated, or felony, DUI. Getting a DUI on a suspended or revoked license, with an IID installed, or a third within a 7 year period are all aggravating factors that can increase your DUI to a felony.
What Is an Ignition Interlock Device?
As you now know, you will need to keep an ignition interlock device, or IID, installed in your vehicle for a significant amount of time after an Extreme or Super Extreme DUI conviction in Arizona. This device is installed into your vehicle’s starter. You will need to blow into it every time you want to start your vehicle. You won’t be able to start your vehicle if you blow anything higher than 0 BAC. And there could be additional penalties in addition to the inconvenience of not being able to use your vehicle. You might be charged a fine for each time you blow into your IID and show traces of alcohol. It could also extend the amount of time you have to use the IID, along with other restrictions imposed by the court.
Using an IID isn’t free. Some companies charge a fee to install the device in your vehicle. You can expect to pay anywhere in the $70-120 range per month that you need the IID installed. This is just one of the factors that makes driving enormously expensive after an Arizona DUI conviction.
Possible Defenses Against Arizona Extreme and Super Extreme DUI Charges
Many people assume with chemical evidence of their BAC at the time of arrest, it is impossible to fight DUI charges. However, there are several types of defenses to DUI charges that may be available in your case. Some may be strong enough to get the charges against you dismissed or make your Gilbert DUI attorney confident you would be declared not guilty at trial. Others may convince the prosecution to reduce the charges against you, such as a lower level DUI or a different charge like reckless driving.
Even during a DUI arrest, you are due your constitutional rights. A police officer isn’t allowed to pull you over for no reason- they must have reasonable suspicion that you are under the influence to pull you over for DUI inspection. But several types of bad driving behaviors, including ones you probably engage in when you’re sober, can give an officer reasonable suspicion to pull you over. Forgetting to turn on your headlights or use your turn signals, drifting between lanes, speeding, and even driving too slow are just a few of the countless constitutional reasons that a police officer could pull you over for DUI.
If you have been pulled over for DUI, a police officer still needs probable cause to place you under arrest. Probable cause means it’s more likely than not that you committed the crime of which you are being accused. However, it’s pretty simple for a police officer to establish probable cause for a DUI arrest in Arizona. If you blow into a breathalyzer and report an intoxicated BAC, this is enough probable cause for the police officer to arrest you. And refusing to take a breathalyzer test isn’t a loophole to keep you from getting arrested. If you do, your driver’s license will automatically be suspended for 1 year by the MVD. You are free to refuse field sobriety testing, but it isn’t advisable to say no to a breathalyzer test from a police officer while driving in Arizona.
These aren’t the only mistakes that can be made during the DUI process that could serve as your defense. Failure to read you your Miranda Rights could invalidate some of the evidence the prosecution has against you. Also, there could be errors in the chain of custody for your chemical samples and other evidence in your case. Additionally, your Phoenix DUI defense attorney will review the facts of your case with you to determine which, if any, defenses might be relevant.
Low Cost Representation for Your Arizona DUI Charges
At Arizona Zero Down DUI, our criminal defense and DUI team is experienced in working several types of DUI charges. This translates into lesser penalties, and possibly even lesser charges, for you. Plus, our private defense attorneys offer this expertise at great rates with payment plans available. Don’t waste any time after an Arizona DUI arrest- call 480-833-8000 to schedule your free consultation.
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