DUI LAWYERS OF CHANDLER Super Extreme DUI

DUI LAWYERS OF CHANDLER

  Super Extreme DUI

Super Extreme DUI in Arizona:
Everything You Need To Know

The legal blood alcohol content (BAC) in the state of Arizona for a DUI is 0.08 percent. Anyone who tests 0.08 percent or higher can be charged with a DUI. However, when the BAC of a person reaches 0.15 percent or higher, the charges are elevated to an Extreme DUI. The corresponding legal implications also change, carrying more significant penalties than a regular DUI. When an individual's BAC level reaches 0.20 percent or higher, the charges increase from an Extreme DUI to a Super Extreme DUI, and the penalties become more severe.

If you are charged with a Super Extreme DUI in Arizona, it is imperative that you seek legal representation immediately, preferably someone with experience handling higher charges of this nature. In the meantime, you’ll find answers to some of the most common questions and concerns regarding Super Extreme DUI’s below.

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

Many people wrongly assume that a Super Extreme DUI is a felony. In fact, both a standard DUI and a Super Extreme DUI are classified in Arizona as a Class 1 misdemeanor. However, compared to a regular or Extreme DUI, a Super Extreme DUI carries a longer jail sentence and harsher penalties. Determining precisely what legal implications you might be facing depends on whether this is your first or a repeat offense. Here are the penalties for both first and repeat offenses of Super Extreme DUI in Arizona:

Arizona DUI laws are strict, and anyone with a BAC at or above 0.20 percent caught operating a motor vehicle will face the following consequences if it is their first offense:

  • Potential impoundment of your vehicle
  • Suspension of driver’s license for 90 days, including 30 days of no driving and the possibility of having your driving restricted for the remaining 60 days
  • $1800 for the installation of an Ignition Interlock Device for 18 months
  • 45 days of consecutive jail time with the possibility of home detention after three days
  • $3,750 in jail costs and fees, which includes costs for jail, home detention, and home monitoring
  • Fees and Fines for Super Extreme DUI of $3,244
  • $50 for a substance abuse screening test
  • $585 to complete 36 mandatory alcohol abuse classes
  • Three years of SR-22 insurance at the cost of $1500 ($500 per year)
  • $9000 increase in auto insurance ($3000 per year) for three years
  • Probation for up to 5 years

It is worth noting that these penalties can expand based on the full circumstances surrounding the charge. Not having a valid driver’s license at the time of arrest or being arrested with a minor in the vehicle can increase penalties.

Anyone with a BAC at or above 0.20 percent caught operating a motor vehicle within seven years of any Arizona DUI, or DWI charge will encounter the following legal consequences:

  • Potential impoundment of your vehicle
  • Suspension of driver's license for one year with no exceptions issued for a work permit
  • $2400 for the installation of an Ignition Interlock Device for 24 months
  • 180 days of mandatory jail time with home detention eligibility after the first 36 days
  • Jail costs, including jail, Super Extreme DUI fees and fines, monitoring fees, surcharges, and home detention costs of approximately $4,650
  • $50 for screening of substance abuse
  • $585 for 36 mandatory alcohol abuse classes
  • Three years of SR-22 insurance at the cost of $1500 ($500 per year)
  • $9000 increase in auto insurance ($3000 per year) for a minimum of three years
  • Possible mandatory attendance at a MADD (Mothers Against Drunk Drivers) Vitim Impact Panel plus a $100 fee to attend

Are Super Extreme DUI offenders from Arizona treated the same as DUI offenders from out of state?

It is likely if you receive a Super Extreme DUI in Arizona and you are from out of state that your case will go to trial. Plea offers granted to these offenders are rare, and prosecuting attorneys generally seek long jail sentences. Arizona DUI offenders may be granted permission to maintain their employment while serving their jail sentence. Options such as home detention and work release are possible. However, this is not true for offenders from out of state.

Can Super Extreme DUI charges ever be reduced or dismissed?

Depending on the circumstances, some cases of Super Extreme DUI may be reduced or dismissed. When you contact your attorney, be prepared to provide information that helps answer the following questions:

  1. Were all arrest procedures appropriately followed?
  2. Did the person being arrested exhibit behavior that seems inconsistent with the BAC results?
  3. How much over the 0.20 percent threshold was the BAC test result?
  4. Were there considerable concerns with the BAC testing process?
  5. What were the specific indicators of intoxication that caused the officer to pursue arrest?

If convicted, is my Arizona Super Extreme DUI public?

The Maricopa County Attorneys’ Office can publish booking photos of Super Extreme DUI offenders (or any DUI offender) on their website. Personal details about the offender may also be published.

Are there any circumstances under which a Super Extreme DUI in Arizona is a felony?

Any Arizona DUI can potentially be escalated to an Aggravated DUI, which is a felony. An Aggravated DUI occurs when:

  • A person commits a DUI while their license has been revoked, canceled, or suspended
  • A DUI is committed within 84 months (7 years) of a previous DUI
  • A driver is charged with any drinking and driving crime while having a child (age 15 years or younger) in the vehicle
  • An individual commits a DUI while driving in the wrong direction on a street or highway

Penalties for an Aggravated DUI are, of course, more severe. They include a minimum of a $4500 fine and up to 3 years in prison for first-time offenders. You may also be ordered to fulfill some type of community service and undergo alcohol and drug screening, education, and treatment. Your driver's license will also be revoked for a minimum of one year, and you will be ordered to install an ignition interlock system on your vehicle for at least two years. Keep in mind that any additional aggravating circumstances can result in even more severe penalties.

Do I really need an attorney if I am charged with a Super Extreme DUI in Arizona?

Yes. Resist any notions of navigating a DUI charge on your own; it would be a big mistake. All DUI's are expensive, but a Super Extreme DUI is even more so. Lawyers can be costly, too, but the cost of hiring an attorney will almost always benefit your situation. Although it’s clear that the strict laws in place are intended to deter people from drinking and driving, once charged, Arizona courts can be especially unsympathetic to an unrepresented offender.

Most of the penalties for any DUI in Arizona have at least some flexibility and discretion built-in. In fact, it would be wrong to assume that just because you have been charged with a DUI, you will be convicted. A qualified DUI lawyer works to both minimize legal consequences and present you to the court in the most favorable light possible. If successful, they can often reduce fees and fines, reduce or suspend jail time, and minimize time sentenced for probation.