Criminal laws in Arizona, including its DUI laws, have escalating penalties for distinct types of the same offense. For example, charges involving the death of another person range from negligent homicide to first-degree murder, with a few other levels in between.

Arizona DUI law has a similar increasing scale of penalties that can apply to you for drunk driving, depending on the circumstances of your arrest. Ordinary DUI is at the low end of the scale. A charge of “Super-Extreme DUI” is at the top.

What is a Super-Extreme DUI Violation?

A Super-Extreme DUI charge means the police are alleging that your blood alcohol content (BAC) level was at or above a reading of .20.

What are the Penalties for Super-Extreme DUI?

A Super-Extreme DUI conviction may have severe penalties, including:

• 45 to 180 days in jail
• Up to 5 years of probation
• Substantial fines and fees
• Suspension of your driver’s license for 90 days
• An 18-month ignition interlock device requirement
• Alcohol treatment classes
• 8 points added to your driving record
• Traffic Survival School
• Community service requirements

Frequently Asked Questions About Arizona Super-Extreme DUI

At the Rosenstein Law Group, we defend clients like you against all kinds of DUI charges, including Super-Extreme DUI. Here are answers to some of the questions we have received about this variation of Arizona’s DUI laws.

Question: “I’ve heard that Super-Extreme DUI is an automatic felony charge because of the .20 BAC level. Is that true?”

Answer: No. Your BAC level, by itself, has no bearing on whether you will be charged with a misdemeanor of a felony.

Question: “What if I already have a prior DUI conviction?”

Answer: If you have been convicted of an earlier DUI within seven years of being convicted of Super-Extreme DUI, then you can be subject to “Second Offense Super-Extreme DUI” penalties. These are more severe punishments than you would otherwise receive for a first-time offense.

• For example, a Second Offense Super-Extreme DUI conviction carries a minimum sentence of 180 days in jail. This is the longest jail term you can receive for a misdemeanor offense in Arizona. Even if your prior DUI conviction is from a state other than Arizona, the prosecutor will attempt to use that out-of-state conviction to increase your mandatory minimum punishment to 180 days in jail.
• Additionally, a Second Offense Super-Extreme DUI conviction will result in a one-year driver’s license revocation, a 24-month ignition interlock device requirement, increased fines and fees, and 30 hours of community service (also called “community restitution”).

Question: “Are there any alternatives to serving jail time for Super-Extreme DUI?”

Answer: If you are convicted of a Super-Extreme DUI, then you will face a mandatory jail sentence. In some cases, though, if we cannot have your charges dismissal or reduced, then we might be able to negotiate alternatives to jail time. Under certain circumstances you may be eligible for home detention or work release.

Also, if you have a prior DUI conviction in a different state within the past seven years, then depending on the state in which your prior conviction was in we may be able to challenge the prosecutor’s ability to use that prior DUI conviction against you. A successful challenge could reduce the minimum jail term from 180 days to 45 days.

What to Do if You are Facing Super-Extreme DUI Charges in Payson

If you are facing a Super-Extreme DUI charge, then in addition to the frequently asked questions above you likely have a lot more questions that are specific to your case.

The first thing you need to do is to know that you must act quickly after the DUI arrest. Days count. For example, you may be facing a 90-day administrative or 1-year implied consent license suspension that begins 15 days after your arrest – unless you first request a hearing on the suspension with the Arizona Department of Transportation (ADOT).

With this deadline looming, we urge you to contact one of our experienced DUI attorneys as soon as possible after your arrest so that you can discuss your options before they get taken away from you.

The Rosenstein Law Group Defends Your Super-Extreme DUI Case from Start to Finish

Just because the Payson police and prosecutor have alleged that your BAC is at or above .20 does not mean that you do not have any options. At the Rosenstein Law Group, we oversee all aspects of your DUI arrest and case:

• We deal with the Arizona Motor Vehicles Division and with ADOT so that you do not have to.
• We will investigate every aspect of your case to make sure the police did not make a mistake that compromised your rights. We look at the reason the police stopped you, your initial interaction with the police, field sobriety tests, and BAC testing from the time of sample collection to lab analysis.
• Our attorneys are trained in every aspect of DUI investigations and defense. We analyze forensic toxicology results to look for errors and human variables in the testing methods the police and their crime labs use, so we can challenge artificially inflated BAC results. We also investigate the chain of custody of evidence the police are using against you to make sure it has been managed properly.
• We conduct our investigation to uncover legal issues such as any violation of your right to counsel, or improper coercive tactics used to get you to consent to blood or breath testing. If we uncover improper police conduct in gathering evidence against you, this can lead to suppression or dismissal of that evidence – or even dismissal of the Super-Extreme DUI charge.

Call for a Free Initial Payson Super-Extreme DUI Case Evaluation Today

A conviction for Super-Extreme DUI in Payson, Arizona, can have lasting consequences that go beyond jail time, probation, or fines and fees. A Super-Extreme DUI is a permanent criminal conviction on your record. This can cause problems for you with future employment, obtaining housing, and qualifying for insurance and professional licenses.

With so much at stake, it is important that you have the right attorneys on your side.

Contact the DUI Law Specialists at Rosenstein Law Group at 480-248-7666, day or night. Or reach out to us online to schedule a free initial consultation and case evaluation.

Time is not your ally in a DUI case. If the police have charged you with any kind of DUI, Super-Extreme or otherwise, you must act quickly to protect your rights and to help us prepare the best possible defense for you. Call us or contact us online today.