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Extreme DUI in Arizona

What Is an Extreme DUI in Arizona?

An Extreme DUI in Arizona occurs when a driver is found to have a blood alcohol concentration (BAC) of 0.15% or higher, significantly above the legal limit of 0.08%. Arizona is known for its tough DUI laws, and the penalties for an Extreme DUI are much more severe than for a regular DUI. The state takes a strict stance on impaired driving, and a conviction can lead to jail time, hefty fines, and long-term consequences on your driving record and daily life.

Under A.R.S. § 28-1382, Arizona law outlines the penalties for Extreme DUI. This charge applies whether it’s a first offense or a repeat offense, and the consequences become more severe with each subsequent DUI conviction. If you are arrested for an Extreme DUI, it’s crucial to understand the severity of the charges and the importance of mounting a strong legal defense.

Penalties for Extreme DUI in Arizona

Arizona imposes harsh penalties for Extreme DUI convictions, even for first-time offenders. The penalties increase significantly with higher BAC levels or repeat offenses.

  • First-Time Extreme DUI: A first offense for Extreme DUI is a Class 1 misdemeanor, but the penalties are far more severe than for a regular DUI. They include:
    • Jail Time: The minimum jail sentence is 30 days. You may be eligible for a reduced sentence if you install an ignition interlock device and complete alcohol screening and treatment, but at least 9 days must still be served in jail.
    • Fines and Fees: Fines and surcharges for a first-time Extreme DUI can exceed $2,500, including assessments for court costs, public safety, and substance abuse programs.
    • License Suspension: Your driver’s license will be suspended for a minimum of 90 days. You may qualify for a restricted license after serving 30 days of the suspension.
    • Ignition Interlock Device (IID): Following a conviction, you must install an ignition interlock device on your vehicle for 12 months. This device requires you to pass a breath test before starting your vehicle.
  • Second Extreme DUI: If you are convicted of a second Extreme DUI within 84 months (7 years) of your first conviction, the penalties increase dramatically. They include:
    • Jail Time: A minimum of 120 days in jail, with no less than 60 days to be served consecutively. This sentence is mandatory and cannot be suspended.
    • Fines and Fees: Fines for a second Extreme DUI conviction can exceed $3,250.
    • License Revocation: Your driver’s license will be revoked for 1 year.
    • Ignition Interlock Device (IID): An IID must be installed on your vehicle for 12 to 24 months after your driving privileges are restored.

Aggravated Extreme DUI

If certain aggravating factors are present during your Extreme DUI arrest, the charges can be elevated to an Aggravated DUI, which carries even more severe penalties. Aggravating factors include:

  • DUI with a Child Passenger: If you are arrested for Extreme DUI with a child under 15 in the vehicle, you could face an aggravated charge, which is a Class 6 felony.
  • DUI on a Suspended License: If you are caught driving under the influence while your license is suspended or revoked, the charge is automatically elevated to an aggravated DUI, which is a Class 4 felony.
  • Third DUI in 7 Years: If you are charged with an Extreme DUI and have two prior DUI convictions within the past 7 years, you will face an aggravated DUI charge, which carries a minimum of 4 months in prison, among other penalties.

Defending Against Extreme DUI Charges

At Sheldora Law, we understand the serious nature of Extreme DUI charges and the lasting impact a conviction can have on your life. Our team is dedicated to providing a strong defense and working to reduce or dismiss the charges whenever possible. We thoroughly investigate every aspect of your case, including how evidence was gathered, whether law enforcement followed proper procedures, and if any errors occurred during your arrest or testing.

Common defenses for Extreme DUI charges include:

  • Challenging BAC Results: Breathalyzer and blood tests are not always accurate, and improper calibration, equipment malfunction, or errors in testing procedures can lead to inflated BAC results. We will investigate whether proper protocols were followed in testing your BAC.
  • Unlawful Traffic Stop: Law enforcement must have reasonable suspicion to pull you over. If the officer did not have valid grounds for the stop, we can challenge the legality of the traffic stop and seek to have the charges dismissed.
  • Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can affect BAC readings. If a medical issue contributed to an inaccurate BAC result, we may be able to use this as a defense.
  • Field Sobriety Test Issues: Field sobriety tests are often used to determine impairment, but they are subjective and can be influenced by factors like poor lighting, uneven surfaces, or medical conditions. If you were improperly evaluated, we can challenge the validity of the field sobriety test.

Why You Need Legal Representation for an Extreme DUI

An Extreme DUI conviction can have long-lasting consequences beyond just fines and jail time. It can affect your career, your personal life, and your ability to drive. At Sheldora Law, we are committed to fighting for the best possible outcome in every case. Whether it’s challenging the evidence against you, negotiating a plea deal, or taking your case to trial, we will work tirelessly to defend your rights.

Our legal team has extensive experience handling DUI cases in Arizona, and we understand the complexities involved in Extreme DUI charges. We will guide you through the legal process, explain your options, and develop a strategy tailored to your specific situation.

Conclusion

Facing an Extreme DUI charge in Arizona can be overwhelming, but with the right legal defense, you can protect your rights and minimize the impact on your future. At Sheldora Law, we are dedicated to providing comprehensive and aggressive defense strategies for individuals facing Extreme DUI charges, ensuring that your case is handled with the care and attention it deserves.

If you or a loved one has been charged with an Extreme DUI, contact Sheldora Law today for a consultation. We’ll review your case, explain your legal options, and work with you to build a defense that suits your needs.