Extreme DUI, Extreme DUI with Prior Conviction, and Super Extreme DUI

Extreme driving under the influence (DUI) is a very serious crime in Arizona. If you are convicted of Extreme DUI under Arizona Revised Statutes 28-1382(A)(1), you face fines, community service, probation, and jail time. The penalties for Extreme DUI vary depending on the severity of the offense. DUI with Prior Convictions and Super Extreme DUI carry harsher penalties.

If you face charges for any variation of Extreme DUI, you should seek legal advice immediately. At the Law Office of Karl A. Mueller, PLC, we can explain your rights, review your options, and devise a strategy for next steps, including possible defenses. We will fight aggressively to protect you in court.

We serve clients throughout the East Valley of Arizona and beyond. Call us at 602-697-8761 for a free initial consultation.

What Is Extreme DUI in Arizona? 

Under Arizona law, Extreme DUI is the misdemeanor of driving or being “in actual physical control of a vehicle” with blood alcohol concentration (BAC) of 0.15% or above.

Penalties for Extreme DUI in Arizona

The penalties for Extreme DUI are more severe than for regular DUIs, but the severity of the penalties depends on whether this is your first DUI and any aggravating factors, such as the presence of drugs in your system.

First-Time Extreme DUI Penalties

If this is your first Extreme DUI, you are looking at:

• Mandatory minimum of 30 days and up to six months in jail
• $2,500-$10,000 in fines and jail costs
• Installation of an ignition interlock device (IID) on your car for a year at your cost ($1,500)
• Community service
• 90-day suspension of your driver’s license
• Addition of eight points to your driving record
• Mandatory alcohol screening, education, and treatment

In some cases, you may be eligible for a 21-day suspension of your sentence. If the court grants a suspension, you would still have to serve the remaining days.

Penalties for Extreme DUI with Prior Conviction

If you have had a prior DUI (which does not have to be Extreme DUI) in the last seven years, and your BAC for the current DUI is between 0.15%-0.20%, you will likely face penalties for extreme DUI with a prior conviction.

Note that prior DUIs in Arizona include DUIs in other states.

If a prior DUI is more than seven years old, it does not count against you.

Second-Offense Extreme DUI Penalties

If you meet the criteria for Extreme DUI and this is your second DUI of any kind in the last seven years, you are looking at:

• Mandatory minimum of 120 days to six months in jail with no suspension
• Minimum of $3,500 in fines and jail costs
• Installation of an IID on your car for 18 months at your cost ($1,500)
• 30 hours of community service
• One-year driver’s license revocation
• Addition of eight points to your driving record
• Mandatory alcohol classes and screening

Third-Offense Extreme DUI Penalties

If you meet the criteria for Extreme DUI and this is your third DUI of any kind in the last seven years, the same mandatory minimums as with second-offense Extreme DUIs apply. However, you would likely face harsher penalties.

What Is Super Extreme DUI in Arizona?

The elements of Super Extreme DUI are the same as those of extreme DUI. The only difference is that your BAC must be 0.20% or over, according to Arizona Revised Statutes 28-1382(A)(2).

Penalties for Super Extreme DUI

The BAC threshold for Super Extreme DUI is two and a half times more than the ordinary legal limit of 0.08%. As a result, this DUI charge carries the harshest penalties for first-time offenders.

First-Time Super Extreme DUI Penalties

If you are a first-time DUI offender, you are looking at:

• Mandatory minimum of 180 days and up to six months in jail with no suspension
• Minimum of $4,000 in fines and jail fees
• Installation of an IID on your car for 18 months at your cost ($1,500) following license revocation
• 30 hours of community service
• One-year driver’s license revocation
• Mandatory alcohol classes and screening

Penalties for Super Extreme DUI with Prior Conviction

This charge carries the same minimum penalties as first-time Super Extreme DUI, but you will likely receive harsher penalties, such as:

• Installation of an IID for 24 months
• Probation for up to five years
• Vehicle impoundment
• Attendance of traffic school and a MADD Victim Impact Panel

Unlike other DUIs, you may not apply for a temporary license to restore your driving privilege.

Extreme DUI Defenses in Arizona

DUI charges do not automatically result in convictions. You may be able to raise a defense that results in dismissal of the charges, reduced penalties, or a not-guilty verdict. Possible defenses include:

• Denial of right to counsel: You have a right to speak with an attorney after your arrest. If the police do not allow you to call a lawyer or delay the call, you may be eligible for a case dismissal.
• Improper testing: Arizona police typically use Standardized Field Sobriety Tests when pulling drivers over. They must perform the tests correctly if they are to have evidentiary value. Improper testing could result in a favorable plea deal or an acquittal.
• Inaccurate tests: Breath test machines need regular calibration to ensure accuracy. They also have a 10% margin of error. If the police have not calibrated the machine or if your BAC reading is 0.15% and so within the margin of error, the court may lower your charges to a regular DUI.
• No actual physical control: The law requires evidence of driving or actual physical control to establish a DUI. The latter is a murky concept. If you pull over to the side of the road to sleep the alcohol’s effect off, the police may still arrest you for DUI. In such cases, you could argue that you were not in actual physical control of the vehicle.

Talk to an Experienced DUI Defense Attorney in Gilbert, AZ

At the Law Office of Karl A. Mueller, PLC, we’ve assisted hundreds of Gilbert, AZ, residents with Extreme DUI charges. We can explain your rights, explore possible defenses, and create a strategy to protect your interests in court.

Call us at 602-697-8761 for a free initial consultation.