Extreme DUI Lawyer in Arizona

A.R.S. § 28-1382 (A)(1): Extreme DUI, BAC between .15 and .20

Arizona law provides for heightened DUI charges, and harsher corresponding penalties, when a Defendant’s alleged BAC exceeds certain statutory levels. An Extreme DUI is charged when the Defendant’s breath or blood test reads between .15 and .20 BAC. The Extreme DUI statute is found in §28-1382 of the Arizona Revised Statutes. Extreme DUI between .15 and .20 is found in ARS 28-1382A1. Arizona’s extreme DUI charge reads that it’s unlawful to have an alcohol concentration of between 0.15 and 0.20 within two hours of driving. Also, the alcohol must have been consumed either before or while in actual physical control of the motor vehicle.

There are two main differences between a “regular alcohol DUI charge” and an extreme alcohol DUI charge: (1) the blood alcohol content of the Defendant is alleged to be above .150; and, (2) there are harsher penalties and consequences.

Maximum Penalties for an Extreme DUI Conviction:

• Jail: 180 days
• Probation: 5 years
• Interlock Device: 1 year
• Counselling: Alcohol Screening and Classes
• Community Service
• MVD Points: 8 points and Traffic Survival School.
• Insurance: Obtain SR-22 Insurance Policy for up to 3 years

Minimum Penalties for an Extreme DUI Conviction:

• Jail: 30 days, but as little 2 days jail and 7 days home detention, if your attorney successfully negotiations for home detention and you provide proof to the Court that you install and maintain an ignition interlock device in your car for 12 months. Home detention entails wearing a continuous alcohol monitoring device or blowing twice a day into a telephone breath testing device. You’re allowed to go to work every day while on home detention. Home detention, unfortunately, is not available in superior court or justice court cases. Even if home detention is not available, a Defendant may still participate in the jail’s work release program after serving an initial 48 hours in jail. Work release allows a Defendant to leave jail for work up to 6 days a week, 12 hours a day while serving the sentence.
• Money: Approximately $5,500 in fines, fees, and jail related costs
• Counselling: Alcohol / Drug Screening and Classes.
• Driver’s License: 90 day license suspension (no driving first 30 days / restricted driving last 60 days)
• Interlock Device: 1 year ignition interlock device.
• MVD Points: 8 points and Traffic Survival School.
• Insurance: Obtain SR-22 Insurance Policy for up to 3 years (Can Sometimes be Avoided

If the person charged with an Extreme DUI has been previously convicted of any DUI offense in the past 7 years (84 months), the minimum penalties are even harsher:

• Jail: 120 days, but as little as 24 days jail and 96 days home detention, if your attorney successfully negotiations for home detention. Home detention entails wearing a continuous alcohol monitoring device or blowing twice a day into a telephone breath testing device. You’re allowed to go to work while on home detention. Home detention, unfortunately, is not available in superior court or justice court. If home detention is not available, a defendant may participate in the jail’s work release program after serving 48 hours in jail. This allows a Defendant to leave jail for work up to 6 days per week, 12 hours per day while serving the sentence.
• Money: Approximately $9,000 in fines, fees, and jail related costs.
• Driver’s License: Driver’s license is revoked for one year; however, after the first 45 days, you can apply for a restricted license, which allows you to travel to and from work, school, medical, and court related appointments so long as an ignition interlock device is installed on your vehicle.
• Interlock Device: 1 year ignition interlock device.
• MVD Points: 8 points to MVD Record and Traffic Survival School.
• Community Service: 30 hours community service.
• Insurance: Obtain SR-22 Insurance Policy for up to 3 years

Fighting the Extreme DUI Charge:

There are a myriad of defenses and negotiation strategies that go into defending against an extreme DUI charge and working with an experienced and tenacious Mesa DUI lawyer is the best defense strategy. The charges, facts, criminal history of the Defendant, investigation, testing, court, judge, and prosecuting agency, all play into the legal strategy.

It’s always important to look for investigation errors, holes, or constitutional violations that might warrant a complete dismissal. A complete dismissal is the first and foremost goal of any DUI defense.

Depending on the facts your extreme DUI case, there can be benefits of either going to trial or seeking a plea agreement with reduced charges or penalties. It’s often beneficial to seek a reduction to a “regular dui” dui charge. A “regular dui” charge carries lighter penalties. Sometimes, your DUI defense attorney can even negotiate for a reckless driving or dismissal if there are enough problems or errors discovered in the dui investigation.

Ultimately, it’s up to the client whether or not to accept any plea agreement negotiated by your affordable Arizona criminal defense attorney, or to go to trial to seek an acquittal.

Contact us today to learn more about our DUI defense experience.