available 24/7
Free Consultation
Posted on May 31, 2022 in Arizona Revised Statutes,BAC,Blood Alcohol Tests,DUI
The Arizona Legislature takes driving under the influence crimes very seriously. Alcohol use is a top cause of car accidents in the state, which makes it a key concern for Arizona lawmakers. DUI convictions are penalized heavily to warn drivers and others in the community away from committing similar crimes in the future.
Extreme DUIs are a Class 1 misdemeanor in Arizona that can come with significant consequences. Contact a Scottsdale extreme DUI defense defense attorney for help as soon as possible if you are facing extreme DUI charges. Call us for a free consultation at (480) 248-7666.
Arizona DUI law ranges in severity from misdemeanor to aggravated DUI charges. The level that applies to your misdemeanor charge will depend primarily on your blood alcohol concentration results.
A fourth category of DUI in Arizona is aggravated DUI, which is a felony-level charge.
Here, we consider the penalties you may face if you are convicted of extreme DUI under Arizona law and some defenses to extreme DUI charges.
Arizona defines driving under the influence as having a BAC of 0.08% or more while driving or within two hours of driving or being in actual physical control of a non-moving vehicle with a BAC at or above 0.08%.
Under Arizona Revised Statute (ARS) 28-1382, an extreme DUI is when a person drives or is in actual physical control of a vehicle with a BAC between 0.15% and 0.199%. A driver who is convicted of an extreme DUI faces more severe penalties than a regular misdemeanor DUI, but which are less severe than those of a super extreme DUI.
The potential penalties that come with an extreme DUI conviction under ARS 28-1382(D) are as follows:
If you are convicted of a second offense DUI and the second offense is an extreme DUI within 84 months (seven years) from the date of the offense of the prior DUI conviction, the same maximum penalties apply as for a first-time conviction. However, the mandatory minimum sentence increases substantially. For a second-offense extreme DUI in Arizona, the mandatory minimum of your sentence increases to a minimum of 120 days in jail – 60 of which must be served consecutively – and you will have to pay a fine and assessed other fees of at least $3,250.
Your Arizona driver’s license will also be revoked for at least one year.
You must complete not less than 30 hours of community restitution.
You must install an ignition interlock device on any vehicle you have driven for not less than one year.
Technically, a third Extreme DUI conviction within 84 months of the two other DUI convictions constitutes an aggravated DUI or a Class 4 felony. Unlike a misdemeanor extreme DUI, an aggravated DUI is a felony-level offense in Arizona if you have two prior DUI convictions in the previous 84-month period.
The minimum aggravated DUI sentence is four months in prison (not county jail, no work release, but flat time in prison) with fines and penalties of as much as $20,000. Also, after reinstatement of your driving privileges, you will be required to take substance abuse classes and have an ignition interlock device installed in your vehicle for two years.
The table below summarizes the kinds of legal sanctions you can face in Arizona for a first, second, or third extreme DUI conviction:
| Type of Penalty | First Offense | Second Offense | Third Offense |
|---|---|---|---|
| Jail sentence | 30 Days, 21 of which can be suspended with the installation of an ignition interlock device | 120 up to 180 days, at least 60 must be served consecutively | 4 months in prison; usually charged as an aggravated DUI instead |
| Probation | Up to five years | Up to five years | Up to five years |
| Fines | $250 | $500 | $1,000 |
| Assessments | $2,500 + | $2,750 + | $2,750 + |
| Community service | Optional | At least 30 hours | Not specified – likely at least 30 hours |
| License suspension | 90 days +CDL revocation. | At least one year, no automatic reinstatement, no work permit option.CDL revocation. | At least one year, no automatic reinstatement, no work permit option.CDL revocation. |
| Drug and alcohol screening | Yes | Yes | Yes |
| Traffic survival school | Yes | Yes | Yes |
| Ignition interlock device | 12+ months after license reinstatement | 12+ months after license reinstatement | 24+ months after license reinstatement |
| SR-22 insurance | Yes | Yes | Yes |
| Victim impact panel attendance | No | Yes | Yes |
Notes:
Extreme DUI penalties can be bad enough by themselves. When you add up the fines, assessments, jail fees, and costs of having an ignition interlock device installed in your car, you could easily be looking at losing tens of thousands of dollars.
However, the court-imposed penalties can be like the tip of the metaphorical iceberg: there are additional possible consequences that you may not be aware of right away but are real nonetheless. These additional consequences can severely impact your finances, career, and even your ability to exercise some of your constitutional rights.
Automobile insurance companies will use an extreme DUI conviction as an excuse to cancel your car insurance policy and/or significantly raise your insurance premiums or may even decline to continue your insurance policy entirely.
Furthermore, when you have a DUI conviction on your record in Arizona, you must have an SR-22 financial responsibility certificate to get car insurance. This requirement will follow you for at least 3 years, and you will end up paying more than $3,000 in added insurance premiums.
Are you a doctor, lawyer, nurse, real estate agent/broker, or any other professional needing a license to practice your profession in Arizona? Does your job require you to have a commercial driver’s license?
An extreme DUI on your record can jeopardize your professional license, making it hard to maintain or even causing you to lose it. This could lead to losing your current job and struggling to stay in your chosen career.
Being charged with extreme DUI in Arizona is a serious but not hopeless situation. Certain defenses may lead to a dismissal if the police or prosecutor engaged in unlawful conduct. There could also be a potential reduction in charges, jail time, or other penalties upon conviction.
To secure a DUI conviction, the prosecution must show beyond a reasonable doubt that you are guilty of the offense. There are several ways in which a skilled DUI defense attorney might be able to cast reasonable doubt on the strength of the prosecutor’s DUI case against you:
If you’re arrested for extreme DUI, contact a DUI defense attorney immediately. Your lawyer may be able to get the charges dismissed or present a strong defense during plea negotiations using a strategy tailored to your specific situation.To speak to an experienced extreme DUI defense lawyer in Scottsdale today about your extreme DUI charge, request a free consultation at the Rosenstein Law Group.