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Learn about what is considered an extreme DUI, how it is determined, and the penalties and consequences involved if you are convicted in Arizona.

The state of Arizona has one of the strictest laws in the country when it comes to DUI. 0.08 is the legal limit in Arizona for a DUI. The Arizona Legislature has made laws more stringent for people who consumed larger amounts of alcohol and still drive a motor vehicle. Facing DUI charges in the state of Arizona is very intimidating. A lot is at stake, including your driving privileges, future employment opportunities, and even your freedom if you are convicted of an Extreme DUI or a Super Extreme DDI 

Drunk Driving Statistics

• • According to the CDC, about one in three traffic deaths in the United States involve a drunk driver.
• • Most DUI arrests occur at night and on weekends.
• • 1.7 percent of drivers in Arizona report driving after having too much to drink.
• • Just over 30% of Arizona’s traffic fatalities involved some level of alcohol.
• • Arizona has the second highest minimum DUI fines for a first offense in the country at an average of $1,480.

How is Drunk Driving defined in Arizona?

In Arizona, it is against the law for any person to drive or be in physical control of a vehicle while they are under the influence of alcohol or drugs. Arizona Revised Statutes Section 28-1381(A) states that being “under the influence” means being “impaired to the slightest degree.”

There are four types of DUIs, each taking into account blood-alcohol content and other factors, including a previous conviction, whether any minors were in the vehicle, etc. 

• Basic DUI: A “basic” DUI is one where your blood alcohol content is between 0.08% and 0.14%.
• Extreme DUI: An “extreme” DUI offense is if you are caught driving with a BAC of 0.15% or higher.
• Super Extreme DUI: A “Super extreme” DUI offense is if you are caught driving with a BAC of 0.20% or higher.
• Aggravated DUI: An “aggravated” DUI crime is defined as a driver who receives a DUI citation under the following conditions:
• Their license is already suspended, revoked, or canceled.
• They’ve committed their third DUI offense in 7 years.
• They’ve committed a DUI violation while driving with a passenger under 15 Years old.
• They’ve refused to submit a breath sample while under an ignition interlock device mandate.

Law Enforcement can stop you if they suspect DUI

Suppose a law enforcement officer has reason to believe that you are driving a vehicle while you’re impaired by drugs or alcohol. That officer has the legal right to request you to submit to a blood alcohol and drug content (BAC) test of your blood, breath, urine, or other bodily substance in order to measure the amount of alcohol or drugs present in your bloodstream.

A person who is suspected by a law enforcement officer to have committed DUI may not merely refuse such a test without legal consequences. Whenever you apply for and acquire the right to operate a vehicle in Arizona, you automatically consent to BAC testing.

The “implied consent” rule in A.R.S. § 28-1321 means that if you are suspected of DUI but refuse to permit a law enforcement officer to conduct a BADC test, you will be required to surrender your license, and your license will automatically be suspended.

Arizona’s zero-tolerance law means that you can still be arrested and charged with a DUI even if you register a blood alcohol concentration of less than .08%.  

All that needs to be evident is that you show signs of impairment or intoxication according to the officer’s judgment. Even just one drink paired with a long day or not enough sleep could cause you to lose your alertness, fail the field sobriety test, and subject you to a DUI arrest.

Additionally, the zero-tolerance law states that anyone under the legal drinking age of 21 will be arrested and charged with a DUI no matter how slight their blood alcohol concentration.

What is an Extreme or Super Extreme DUI?

Extreme DUI: This is a charge used when driving with a BAC above 0.15%. 

Super Extreme DUI:  This is a charge used when someone is driving with a BAC above 0.20%. This level is the highest-level DUI charge in Arizona. Driving with a BAC of 0.30% or 0.40% would still be considered a “super extreme DUI,” and are still misdemeanor charges.

In the state of Arizona, DUI’s are misdemeanor offenses. While Extreme and Super Extreme DUI’s are more serious charges than a basic DUI, they are still misdemeanor charges, not felonies. While Extreme and Super Extreme DUI’s are not felonies, the penalties for those charges increase significantly in terms of fines, jail time, and other penalties.

What are the penalties for an Arizona Extreme DUI?

Extreme DUI

• A first Extreme DUI offense in Arizona includes a minimum fine of $250 along with other fees and jail costs. The offender has to serve a mandatory of 30 days in jail, part of which can be suspended if the offender has an ignition interlock installed in the vehicle. The offender also faces a loss of their driver’s license for 90 days and must install an Ignition interlock device for a year.
• A second Extreme DUI offense in Arizona within seven years of a previous conviction includes a minimum fine of $500 along with jail costs and other fees. The offender has to serve mandatory 120 days in jail, and their driving privileges are also suspended for a minimum of 1 year. Moreover, the offender is required to install an ignition interlock device for 18 months.

Super Extreme DUI

• A first Super Extreme DUI requires the offender to pay $3,250 fine along with other fees and jail costs. The offender must serve six months in jail, and their driving privileges are suspended for a minimum of 1 year. The offender is also required to install an Ignition interlock for two years.
• A Second Super Extreme DUI conviction, after any previous DUI conviction, carries a $3,750 fine along with other fees and jail costs. The offender must serve six months in jail, and their driving privileges are suspended for a minimum of one year. The offender is also required to install an ignition interlock device in their vehicle for 24 months.

What is an ignition interlock device?

An ignition interlock device is a breathalyzer installed in your vehicle to monitor your blood alcohol level. An interlock device is required because of a DUI conviction and must be installed in your car for the entire period your state requires. In order to drive under a restricted license, you must submit a breath test every time you get into your car. If your BAC is under the state limit, the device will allow you to start your vehicle. 

Lifelong Consequences of Extreme or Super Extreme DUI

A super extreme DUI charge can cost thousands of dollars and put you in jail for well over a month. Even beyond the jail time and fines, DUI convictions are expensive. Certified ignition interlock devices can cost up to $2,000 to install and maintain for one year. 

Once you complete your sentence, there are still long-lasting consequences associated with a conviction on a super extreme DUI charge for a BAC of .20% or higher. The long-term consequences of a DUI conviction include not only possible credit issues but also a criminal record, which may complicate your ability to obtain or maintain housing or employment.

Call an Experienced Arizona Criminal Defense Lawyer

An Extreme DUI charge is not something you should try to handle by yourself. You will want to consult with an Arizona criminal defense attorney experienced in DUI law. An experienced attorney can develop a critical defense strategy that will protect your rights and ensure you are given the lowest possible sentence.