DUI LAWYERS OF PHOENIX Extreme DUI

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  Extreme DUI

Extreme DUI in Arizona: Everything You Need To Know

In 2018, there were nearly 5,000 alcohol-related vehicle crashes in Arizona. Almost half of those crashes resulted in injury or death. Perhaps that is why the state of Arizona has some of the strictest DUI laws in the country.

As a zero-tolerance state, you can be arrested in Arizona while driving under the influence even if your blood alcohol concentration (BAC) level is under the legal limit of 0.08 percent. A law enforcement officer in Arizona only needs to believe that you are impaired in order for you to be charged. It is worth noting, however, that if your BAC is found to be 0.05 percent or less, Arizona Revised Statute, ARS 28-1381, states that “it may be presumed that the defendant was not under the influence of intoxicating liquor.”

Arizona has three separate classifications for DUIs. If you are charged with driving under the influence, the law considers various factors to determine which level of DUI you will face, DUI, Extreme DUI, or Super Extreme DUI. Those factors include your BAC at the time of arrest, any prior convictions, and if there was anyone in the vehicle you were driving who was age 15 or younger. In addition, you may also be charged with an Aggravated DUI, depending on the circumstances. An Aggravated DUI can elevate a misdemeanor DUI charge into a felony.

What Is An Extreme DUI?

Although the BAC legal limit for a “regular” DUI in Arizona is 0.08 percent, a DUI becomes an Extreme DUI when a tested BAC comes back at 0.15 percent or greater. If your BAC level is tested at 0.20 percent or higher, you can be charged with a Super Extreme DUI.

What are the penalties for being convicted of an Extreme DUI in Arizona?

The more serious the DUI charge, the more severe the penalties. That being said, a standard DUI, an Extreme DUI, and a Super Extreme DUI are all classified in Arizona as a Class 1 misdemeanor. But an Extreme DUI carries a longer jail sentence and harsher penalties than a standard DUI, just as a Super Extreme DUI carries a longer jail sentence and harsher penalties than an Extreme DUI. Some of the penalties are discretionary, while others, such as some sentencing guidelines, have mandatory parameters.

Specific penalties for an Extreme DUI in Arizona will depend on whether this is your first, second, or third offense. The following explains the penalties you will face if you are convicted:

Extreme DUI First Offense – BAC Level 0.15% Or Greater

  • 30 days in jail minimum (no eligibility for suspension or parole) with the possibility for home detention after two days
  • $250 minimum in fines, which can increase significantly when including fees for things such as the public safety fund, the DUI abatement fund, and the “prison construction and operations fund”
  • Potential for community service hours
  • Alcohol screening and counseling
  • Probation of 3 years
  • Suspension of driver’s license
  • Mandatory installation of an Ignition Interlock Device (IID) on any vehicle you drive for one year after your driving privileges have been reinstated - you are responsible for the cost of installation of the device plus a monthly fee for monitoring and calibration (approximate total of $1500)

People who are convicted of an Extreme DUI are also required to obtain SR-22 auto insurance after their driving privileges are reinstated. Costs will vary, but in Arizona, insurance rates increase on average by 40 percent. Depending on where you purchase your insurance from and any other factors that might drive up your auto insurance cost in general, premiums have been known to increase by as much as 91 percent. You can expect to have to carry SR-22 auto insurance for an average of 18 months, and you must submit documents to the court proving that you have SR-22 insurance. If you do not maintain SR-22 insurance, your license and registration will be suspended until you can provide proof.

You should also know that your license can be revoked for anywhere between 12 and 36 months if you are convicted of an Extreme DUI in Arizona. You will have to pay to have your license reinstated, pay any associated fees, and pass the driver’s license test for the state of Arizona. Also, in addition to community service hours and alcohol screening and counseling, additional requirements of things like alcohol awareness classes, driving survival courses, and personal alcohol monitoring devices may be imposed.

Extreme DUI Second Offense – BAC Level 0.15% Or Greater

In addition to the penalties associated with a first offense Extreme DUI, the following consequences apply to a second offense:

  • Minimum 120 days (60 days served consecutively) in jail minimum if this is the second conviction in 84 months (7 years), with eligibility for home detention after 24 days
  • $3,740 in fines and fees (potentially higher based on circumstances)
  • At least 30 hours of community service
  • Alcohol screening and counseling (mandatory)
  • Probation
  • Driver’s license suspension for one year
  • Mandatory installation of an Ignition Interlock Device on any vehicle you drive for one year upon reinstatement of driving privileges
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Extreme DUI Third Offense – BAC Level 0.15% Or Greater

A third Extreme DUI conviction within seven years (84 months) of the first offense qualifies as an Aggravated DUI. This charge automatically elevates the seriousness of the crime from a misdemeanor to a felony. The Arizona city in which you were charged with a third offense Extreme DUI may, however, charge you with a misdemeanor if there was an issue proving one of your former DUI convictions. If this occurs, the time you are sentenced to serve would be in jail rather than prison. You may also be eligible for five, 12-hour days of work release.

For a third offense Extreme DUI conviction, all penalties for a previous first and second conviction apply. If you are convicted of an Aggravated DUI, you can also expect to be required to pay for and attend mandatory substance abuse classes. Additionally, after your driving privileges are reinstated, you will be required to have an IID installed for two years.

Fines for a third offense Extreme DUI conviction run up to $20,000 or more. But perhaps the most significant penalty of all is delivered in the form of impact a conviction can have on your personal and professional life. Some professions, such as healthcare workers and real estate professionals, can lose both their jobs and their license to practice in the state of Arizona. For anyone facing mandatory jail sentencing, it is important to know that having a job or a family to support will not prevent having to serve time.

Can An Extreme DUI Conviction In Arizona Ever Be Reduced Or Dismissed?

Reducing an Extreme DUI Charge, for most people, is unlikely. However, every DUI case is different. Depending on circumstances such as the BAC of the offender and the case's factual and legal details, it may be possible. There are cases in which convictions have been reduced or dismissed, in part because the person charged was a patient, a college student, or a law enforcement officer.

Some cities in Arizona will not reduce any DUI charge to a reckless driving charge. Some cities will, however, if it is warranted after a review of all evidence. Individual attorneys and prosecutors can also sometimes negotiate a plea bargain.