Lawyer for Super Extreme DUI Charges
A.R.S. § 28-1382 (A)(2): Super Extreme DUI: BAC of .20 and above
Arizona DUI laws provide for specific “per se” DUI offenses which create strict criminal liability for being at or above a specific blood alcohol content (“BAC”). The actual effect that the alcohol has on the driver is irrelevant in a per se DUI charge. All that must be proven, beyond a reasonable doubt, is that the driver was at, or above, a specific BAC concentration within 2 hours of driving. Working with an experienced Mesa DUI Lawyer is your best course of action.
Commonly referred to as Arizona’s Super Extreme DUI, ARS 28-1382A2 is the most serious misdemeanor DUI allegation because it carries extremely harsh mandatory minimum DUI penalties and consequences. A Super Extreme DUI is charged when a person’s breath or blood test reads at or above .200 BAC.
Arizona’s Super Extreme DUI statute explicitly states that it’s unlawful to have an alcohol concentration of 0.20 or more within two hours of driving. Additionally, the consumption of alcohol must have been consumed before or while in actual physical control of the motor vehicle.
The two main differences between a “Regular Alcohol DUI” and a “Super Extreme DUI” are as follows: (1) With Super Extreme DUI, the blood alcohol content is specifically alleged to be .20 or more; and, (2) there are harsher mandatory minimum penalties and consequences that come with Super Extreme DUI conviction.
The only differences between “Extreme DUI”, under ARS 28-1381(A)(1), and “Super Extreme DUI” under ARS 28-1381(A)(2) are their respective threshold allegations of BAC concentration, as well as their corresponding mandatory minimum penalties. Extreme DUI is charged when a person’s blood or breath test reads at or above .150, whereas Super Extreme DUI is charged when a person’s blood or breath test reads at .200 or above. Logically, when charged with Super Extreme DUI, you’re also charged with Extreme DUI. That’s because if you’re charged with having a BAC at or above .200, by default, you’re also charged with being above .150.
Almost always, when charged with Super Extreme DUI, you’ll also be charged with the 3 lesser counts of Alcohol DUI: A.R.S. § 28-1382 (A)(1): driving with a BAC of .15 or more (Extreme DUI); A.R.S. § 28-1381(A)(2): driving with a BAC of .08 or more (Regular Per Se DUI); and, A.R.S. § 28-1381(A)(1): DUI to the slightest degree (Regular DUI), which is Arizona’s zero tolerance DUI law.
Maximum Penalties for Super Extreme DUI:
- Jail: 180 days
- Probation: 5 years
- Interlock Device: 18 or 24 months
- 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
Mandatory Minimum Penalties for an Extreme DUI Conviction:
- Jail: 45 days, but as little 3 days jail and 11 days home detention, if your criminal defense lawyer successfully negotiations for home detention and you provide regular 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 on your ankle or blowing twice a day into a telephonic alcohol breath testing device. You’re allowed to go to work every day while on home detention. Home detention isn’t available in superior court or justice court. If home detention isn’t available, you might be able to participate in the jail’s work release program after serving an initial 48 hours. Work release allows Defendants to leave the jail for work up to 6 days a week, 12 hours a day.
- Money: Approximately $7,500 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: 18 months 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 Super Extreme DUI was previously convicted of any DUI offense in the past 7 years (84 months), the mandatory minimum penalties increase as follows:
- Jail: 180 days, but as little as 36 days jail and 144 days home detention, if your Mesa defense attorney successfully negotiations for home detention. Home detention entails wearing a continuous alcohol monitoring device on your ankle or blowing twice a day into a telephonic alcohol breath testing device. You’re allowed to go to work while on home detention. Home detention isn’t available in superior court or justice court. If home detention isn’t available, a defendant may participate in the jail’s work release program after serving 48 hours. Work release permits Defendants to leave the jail for work up to 6 days a week, 12 hours a day.
- Money: Approximately $12,000 in fines, fees, and jail related costs.
- Driver’s License: Driver’s license is revoked for one year; however, after the first 45 days of the revocation period, 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: 2 years of ignition interlock following the one year license revocation.
- 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 Super Extreme DUI Charge:
In Defending against a Super Extreme DUI charge, there are a multitude of defenses and negotiation tactics that can be used by a skilled and experienced DUI attorney. The facts of the case, charged counts, criminal history of Defendant, underlying investigation, alcohol testing methods, the court, judge, and prosecutor’s office, can all play into the legal strategy of defending against a Super Extreme DUI.
In any DUI charge, including Super Extreme DUI, it’s important to look for investigation errors, alcohol testing errors, holes in the State’s case, and any constitutional violations that might warrant a complete dismissal of all charges. A complete dismissal is the best possible outcome, and as such, should always be explored when defending against a Super Extreme DUI.
Depending on the facts of your specific Super Extreme DUI case, there can be benefits of either going to trial or seeking a plea agreement with reduced charges and penalties. For instance, there can be huge benefits in negotiation down to an extreme or regular dui since they carry significantly less mandatory minimum penalties. While rare in Super Extreme DUI cases, if there are sufficient legal issues raised or discovered, a dui defense attorney could even negotiate for a reckless driving or outright dismissal.
Ultimately, it’s up to the Defendant on whether or not to accept any plea agreement negotiated by the criminal defense lawyer, or in the alternative, have their attorney fight at trial for lesser charges or a complete acquittal.
Contact us today to learn more about our DUI defense experience as well as the affordable criminal defense payment plans in Arizona we offer.
Tobin Law Office
1910 S. Stapley Dr.
Mesa, AZ 85204
Email: [email protected]