Phoenix Extreme DUI Attorney
Blood Alcohol Content of .15 or More
Were you charged with driving under the influence after testing at or above .15% blood alcohol concentration (BAC)? In Arizona, this is called extreme DUI. Penalties are more severe for extreme DUI than simple drunk driving offenses. Extreme DUI is not as severe as aggravated DUI, which is a felony. Extreme DUI is a class 1 misdemeanor in Arizona.
If you were arrested for driving under the influence at or above .15% BAC, contact a Phoenix DUI lawyer at MayesTelles PLLC.
ARS § 28-1382 – Extreme Influence of Intoxicating Liquor
According to this statute,
It is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 1) 0.15 or more but less than 0.20. 2) 0.20 or more.
So, after a person is arrested under suspicion of DUI, they should be subjected to chemical testing within two hours of driving or being in control of their vehicle. If that chemical test reveals that the driver had a BAC of .15 or .20 or more, they will be charged with extreme DUI.
Super Extreme DUI
In Arizona, the term "super extreme DUI" has been coined to describe the offense of driving under the influence at a concentration of .20 or more. The penalties are more severe for super extreme DUI, although both are class 1 misdemeanors. For example, with extreme DUI, the sentence is at least 30 consecutive days in jail. With super extreme DUI, that minimum jail time jumps up to 45 consecutive days. Below are some differences between extreme and super extreme DUI –
Super Extreme DUI
The judge may order ignition interlock installation (IID) for a period of more than 12 months for defendants convicted of either extreme or super extreme DUI. Another difference between regular DUI and extreme DUI is that licenses are suspended with regular DUI and revoked with extreme DUI.
Is this your second extreme DUI offense?
ARS 28-1382 says that any person convicted of a second extreme DUI violation within 84 months of their first will face enhanced penalties. Those enhanced penalties include –
Second Extreme DUI
- At least 120 days in jail (60 of which must be served consecutively)
- Minimum $500 fine
Second Super Extreme DUI
- At least 180 days in jail (90 of which must be served consecutively)
- Minimum $1,000 fine
Other penalties for both extreme and super extreme DUI second offenses include: a minimum 30 hours of community service, driver's license revocation for one year, at least 12 months of ignition interlock device installation, and an assessment fee of $1,250.
Contact our Phoenix DUI lawyers today!
Penalties are tough for this class 1 misdemeanor DUI offense, especially if this is your second or subsequent offense within 84 months (7 years). To get tough defense against your charge, contact a Phoenix extreme DUI attorney at MayesTelles PLLC today.
We are available 24/7 any day of the week – we are here when you need us!