Extreme DUI vs. Super Extreme DUI: What to Know click for a free consultation

Posted on July 25, 2023 in DUI

Arizona has different levels of driving under the influence (DUI) crimes based on the circumstances of the offense. Two of the most serious types are extreme and super extreme DUI. Understanding the difference between these two crimes can help you know what to expect from the criminal justice process if you are charged with either type of DUI in Arizona.

What Is an Extreme DUI vs. a Super Extreme DUI?

Under Arizona Revised Statutes Section 28-1382, an extreme DUI is to drive or be in actual physical control of a motor vehicle while under the extreme influence of intoxicating liquor. “Extreme influence” means a blood alcohol concentration (BAC) level of 0.15 or more but less than 0.20 or a BAC of 0.20 or greater. Arizona law divides these offenses into two categories: extreme DUI and super extreme DUI. 

An extreme DUI means that an individual has a BAC between 0.15 and 0.199 within two hours of driving or being in actual physical control of a vehicle. This is roughly twice the legal BAC of a standard DUI in Arizona (0.08). If a driver registers a BAC at or above 0.20, it is considered a super extreme DUI. Both are serious crimes in Arizona, with judges assuming that this much alcohol in a driver’s system means he or she is an immediate danger to the public.

Enhanced Penalties Associated With Extreme and Super Extreme DUIs

Being convicted of an extreme or super extreme DUI will come with greater penalties compared to a standard DUI. These crimes are penalized more harshly as a warning to others not to engage in the reckless behavior of driving under the extreme influence of alcohol. While a typical DUI can result in 10 days in jail, an ignition interlock device and a fine of at least $1,250, extreme and super extreme DUIs will result in more severe consequences. 

Extreme DUI: 

• No less than 30 and up to 80 days in jail, with no eligibility for a suspended sentence
• Approximately $3,000 in fines, plus additional surcharges
• Up to five years of probation
• Driver’s license suspension
• One year of an ignition interlock device installed on all vehicles
• Mandatory alcohol counseling
• Community service

Super extreme DUI: 

• No less than 45 and up to six months in jail, with no eligibility for a suspended sentence
• Approximately $3,500 in fines, plus additional surcharges
• Driver’s license suspension
• 18 months of an ignition interlock device installed on all vehicles
• Drug and alcohol screenings
• Community service

Both extreme and super extreme DUI convictions are class 1 misdemeanors – the same classification as a standard DUI in Arizona. An aggravated DUI, however, is a felony charge. An extreme or super extreme DUI may be elevated to an aggravated DUI if it involves a child under the age of 15 in the vehicle, a car accident, multiple DUIs in seven years or driving on a suspended license. The penalties for an extreme or super extreme DUI will be increased if it is the defendant’s second, third or subsequent DUI offense.

What You Should Do if You Are Arrested for Extreme or Super Extreme DUI

A standard DUI conviction can affect your life and future enough; an extreme or super extreme DUI can have even worse ramifications. If you have been accused of driving under the extreme influence of alcohol in Arizona, it is critical to contact a criminal defense attorney as soon as possible to help you defend your rights. 

A lawyer can decrease your odds of being convicted of an extreme or super extreme DUI or work to reduce the charges or penalties that you are facing. The right criminal defense attorney can work hard to protect you from the most severe penalties associated with a charge. Call the Rosenstein Law Group at (480) 637-3367 to arrange a free and confidential consultation with an attorney today.