Phoenix Office

5925 West Gambit Trail Phoenix, Arizona 85083
Office: (480) 745-2221
Cell: (480) 480-241-6208
Email: [email protected]

Operating Hours: 24/7 – 7 Days a Week

Call Now: (480) 745-2221

Super Extreme DUI Laws in Arizona

What Is a Super Extreme DUI in Arizona?

A Super Extreme DUI in Arizona is one of the most severe DUI charges under the state’s strict DUI laws. This charge applies when a driver is found to have a blood alcohol concentration (BAC) of 0.20% or higher, which is more than double the legal limit of 0.08%. Arizona’s tough approach to DUI offenses is reflected in the harsh penalties for Super Extreme DUI, which can include extended jail time, high fines, and long-term consequences that affect your driving privileges and personal life.

Under A.R.S. § 28-1382(A)(2), Arizona law imposes stringent penalties for Super Extreme DUI offenses, even for first-time offenders. The state considers driving with such a high BAC to be a significant danger to public safety, and the consequences reflect this heightened risk. If you are facing Super Extreme DUI charges, understanding the seriousness of these charges and having a strong legal defense is critical.

Penalties for Super Extreme DUI in Arizona

The penalties for a Super Extreme DUI are far more severe than those for regular or even Extreme DUI. These harsh consequences reflect Arizona’s commitment to keeping its roads safe from high-risk drivers.

  • First-Time Super Extreme DUI: A first offense for Super Extreme DUI is a Class 1 misdemeanor, but the penalties are significantly more severe than for lower BAC levels:
    • Jail Time: The mandatory minimum jail sentence is 45 consecutive days, with no possibility of suspension or reduction unless specific conditions are met, such as participation in an alcohol treatment program and the installation of an ignition interlock device.
    • Fines and Fees: The fines and fees for a first-time Super Extreme DUI can total $3,250 or more, including court costs, public safety assessments, and mandatory alcohol screening and education fees.
    • License Suspension: Your driver’s license will be suspended for a minimum of 90 days, with the possibility of a restricted license after serving 30 days of the suspension.
    • Ignition Interlock Device (IID): You must install an IID in your vehicle for 18 months following your conviction. This device requires you to pass a breath test before your vehicle can be started.
  • Second Super Extreme DUI: If you are convicted of a second Super Extreme DUI within 84 months (7 years) of your first conviction, the penalties are much more severe:
    • Jail Time: A minimum of 180 days in jail, with 90 of those days required to be served consecutively. There is no option to suspend or reduce this sentence.
    • Fines and Fees: Fines for a second Super Extreme DUI conviction can exceed $4,500.
    • License Revocation: Your driver’s license will be revoked for 1 year, and you will not be eligible for a restricted license during this period.
    • Ignition Interlock Device (IID): After your license is reinstated, you will be required to install an IID for a minimum of 24 months.

Aggravating Factors for Super Extreme DUI

Certain aggravating factors can increase the penalties associated with a Super Extreme DUI. If any of these factors are present at the time of your arrest, you may face more serious consequences, including felony charges:

  • Driving with a Child in the Vehicle: If you are found driving under the influence with a child under 15 years old in the vehicle, your Super Extreme DUI may be elevated to a felony charge, which can result in longer prison sentences and additional penalties.
  • Driving on a Suspended License: If you are caught driving with a BAC of 0.20% or higher while your license is suspended or revoked, your charges may be upgraded to an aggravated DUI, which is a felony and carries harsher penalties.
  • Third DUI Conviction: If this is your third DUI conviction within a 7-year period, you could face aggravated DUI charges. Aggravated DUI is a Class 4 felony in Arizona, and it carries mandatory prison time, long-term license revocation, and hefty fines.

Defending Against Super Extreme DUI Charges

At Sheldora Law, we understand the serious consequences of a Super Extreme DUI conviction and are committed to providing a strong defense for our clients. DUI cases, especially Super Extreme DUIs, involve complex evidence, and we will thoroughly investigate every aspect of your case to identify weaknesses in the prosecution’s case.

Here are some common defenses we may explore:

  • Challenging BAC Results: Breathalyzer and blood tests can be unreliable if not administered or calibrated properly. We will investigate whether the testing equipment was properly maintained and if the test results are accurate.
  • Unlawful Traffic Stop: Law enforcement must have reasonable suspicion to pull you over. If the traffic stop was conducted without legal grounds, we may be able to challenge the evidence and seek a dismissal of the charges.
  • Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can lead to falsely elevated BAC levels. If a medical condition contributed to your high BAC reading, we will present this evidence as part of your defense.
  • Improper Testing Procedures: Blood and breath tests must be conducted following specific procedures. Any failure to follow these protocols could lead to inaccuracies in the BAC reading. We will scrutinize the evidence to determine if the testing process was flawed.

Why You Need Legal Representation for Super Extreme DUI

A Super Extreme DUI conviction can have long-lasting consequences beyond the jail time and fines. It can affect your ability to drive, your employment, and your personal life. With your driving privileges at stake and the possibility of a permanent criminal record, it’s critical to have experienced legal representation to defend your rights.

At Sheldora Law, we have extensive experience handling DUI cases, including Super Extreme DUIs, in Arizona. Our legal team understands the complexities involved in these charges, and we will work diligently to challenge the evidence, explore all defense options, and pursue the best possible outcome for your case. Whether we are negotiating a plea deal or fighting your case in court, we are dedicated to protecting your future.

Conclusion

Facing a Super Extreme DUI charge in Arizona can be overwhelming, but you don’t have to face it alone. At Sheldora Law, we are committed to providing aggressive and thorough legal defense for individuals facing Super Extreme DUI charges. With the right defense strategy, you can protect your rights and work toward minimizing the impact of these charges on your life.

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