Extreme DUI in Arizona

We understand that facing an extreme DUI charge can be a distressing experience, and we are here to provide you with experienced assistance every step of the way. Let’s delve into the specifics of extreme DUI, the relevant statute, potential consequences, defenses, and how Tamou Law can support you.

An extreme DUI offense in Arizona refers to driving or being in actual physical control of a vehicle with a blood alcohol concentration (BAC) of 0.15% or higher within two hours of driving. It is important to note that extreme DUI carries more severe penalties compared to standard DUI charges due to the significantly higher BAC threshold.

The Extreme DUI Statute in Arizona

A.R.S. §28-1382(A): This section declares it unlawful for an individual to operate a vehicle in Arizona with a BAC of 0.15% or more within two hours of driving.

Potential Consequences of Extreme DUI

If convicted of an Extreme DUI offense in Arizona, you may face significant consequences that can have a profound impact on various aspects of your life. Here are the potential consequences you may encounter:

  1. Mandatory Minimum Jail Term: For a first-time Extreme DUI offense, a mandatory minimum jail term of at least 30 consecutive days is typically imposed. This means that you will be required to serve this period in jail, and there is no possibility of a suspended sentence or home detention. For a second offense within 84 months, the mandatory minimum jail term increases to at least 120 consecutive days.
  2. Fines and Fees: Extreme DUI convictions come with substantial fines and fees. For a first offense, the total fines and fees can amount to approximately $2,780. For a second offense, the amount increases to approximately $3,240. These financial obligations can place a significant burden on your finances.
  3. Mandatory Alcohol Education or Treatment Programs: As part of the sentencing, the court may require you to attend mandatory alcohol education or treatment programs. These programs aim to address any underlying issues related to substance abuse and help you make positive changes in your behavior and decision-making.
  4. Ignition Interlock Device: In many Extreme DUI cases, the court may order the installation of an ignition interlock device (IID) in your vehicle. This device requires you to provide a breath sample before starting your car. If alcohol is detected in your breath, the vehicle will not start. The IID is typically required for a certain period, depending on the specifics of your case.
  5. Driver’s License Suspension: A conviction for Extreme DUI results in a mandatory driver’s license suspension. For a first offense, your license will be suspended for a period of 90 days. For a second offense within 84 months, the suspension period increases to one year. During the suspension period, you will be unable to legally drive, which can significantly impact your ability to commute to work, school, or other essential activities.
Felony

Sentencing Guidelines for Extreme DUI

The severity of DUI penalties in Arizona depends on the nature of the offense and any prior DUI convictions. The following are the general sentencing guidelines:

First Offense: For a first-time Extreme DUI offense, the penalties typically include:

  • Mandatory minimum jail term: You may be required to serve at least 30 consecutive days in jail. This means that there is no possibility of suspended sentence or home detention.
  • Fines and fees: The total fines and fees can amount to approximately $2,780.
  • Mandatory alcohol education or treatment programs: You will be required to attend alcohol education or treatment programs as directed by the court.
  • Ignition interlock device: You may be required to install an ignition interlock device in your vehicle, which prevents the vehicle from starting if alcohol is detected in your breath.
  • Driver’s license suspension: Your driver’s license will be suspended for a period of 90 days.

Second Offense (within 84 months): If you commit a second Extreme DUI offense within a span of 84 months (7 years), the penalties increase substantially. The following penalties may apply:

  • Mandatory minimum jail term: You may be required to serve at least 120 consecutive days in jail. There is no possibility of a suspended sentence or home detention.
  • Fines and fees: The total fines and fees can increase to approximately $3,240.
  • Mandatory alcohol education or treatment programs: You will be required to attend alcohol education or treatment programs as directed by the court.
  • Ignition interlock device: You may be required to install an ignition interlock device in your vehicle.
  • Driver’s license suspension: Your driver’s license will be suspended for a period of one year.

It’s important to remember that these penalties represent the minimum requirements under the statute. The court has the discretion to impose additional penalties or enhanced sentences based on the circumstances of the case and any aggravating factors present, such as prior DUI convictions or other aggravating circumstances.

Defending Against Extreme DUI Charges

When facing an Extreme DUI charge, several defenses can be pursued to challenge the prosecution’s case. Some common defenses include:

  • Challenging BAC testing accuracy: The accuracy of blood, breath, or urine tests used to determine BAC levels can be challenged based on issues with calibration, handling of samples, or procedural errors.
  • Questioning the legality of the stop: If law enforcement lacked reasonable suspicion or probable cause to initiate the traffic stop, the legality of the stop itself can be challenged.
  • Disputing field sobriety tests: Field sobriety tests are subjective and can be influenced by various factors. Challenging the administration or interpretation of these tests can weaken the prosecution’s case.

How We Do It

  1. Conducting a comprehensive review and analysis of your case’s facts
  2. Contesting the evidence presented by the prosecution
  3. Identifying weaknesses in the State’s case
  4. Negotiating with the State for reduced charges or alternative sentencing options

Contact Us Today

At Tamou Law Group PLLC, we understand the stress and uncertainty that comes with facing DUI and traffic offense charges. Our experienced attorneys will guide you through the legal process and vigorously defend your rights. If you or a loved one has been charged with a Extreme DUI or traffic offense in Arizona, contact us today at 623-321-4699 for a free consultation.