Have You Been Charged With a Misdemeanor Extreme DUI?
The DUI laws in the state of Arizona include particular “per se” DUI offenses that come with strict criminal liability when the accused is found to be at or exceeding the set blood alcohol content or BAC level.
The alcohol’s actual effect on the driver is deemed irrelevant in per se driving under the influence charges. The state only needs to prove beyond reasonable doubt that the driver exceeded or was at a certain BAC level within two hours of driving a motor vehicle.
When facing an Arizona DUI charge, especially for an extreme DUI, your best course of action would be to contact a lawyer with extensive experience in Arizona DUI laws right away. Robert A. Dodell, Attorney at Law, has been defending DUI cases in Arizona for more than 3 decades.
What Is an Arizona Extreme DUI?
ARS 28-1382A1, more commonly known as the Arizona Extreme DUI, is the most severe DUI misdemeanor charge you can possibly face. It comes with extremely tough mandatory minimum DUI consequences and penalties. You can be charged with aN extreme DUI if you have a blood alcohol content level that is 0.15 or more, but less than 0.20.
According to the state’s Extreme DUI law, it is considered illegal to have a BAC reading of 0.15 or more, but less than 0.20 within two hours of driving. Additionally, you must have consumed the alcohol while or before you had the motor vehicle’s actual physical control.
Differences Between an Extreme and Regular
There are two main differences between Regular DUI's and Extreme:
In a Extreme DUI allegation, the BAC is alleged to be specifically at 0.15 or greater, but less than 020; and the conviction for an Extreme DUI carries much stiffer mandatory minimum consequences and penalties.
Differences Between an Extreme and a Super Extreme
There are also 2 main differences:
The threshold for BAC concentration is lower for an Extreme DUI. The driver’s breath or blood test reading is 0.15 BAC or above, but below 0.20 BAC. The Super Extreme DUI is where the driver’s breath or blood test reading is 0.20 BAC or greater. A person charged with Super Extreme DUI is, typically, also charged with an Extreme DUI case.
Conviction for an Extreme DUI carries stiffer mandatory minimum consequences and penalties.
Maximum Penalties for an Extreme Conviction
As mentioned, an Extreme DUI carries stiffer penalties than the “regular”, non-extreme, DUI charges. These include:
- Up to 180 days in jail
- 5-year probation period
- Installation of an interlock device in your car for 12 months
- Attendance in alcohol screening classes and counseling
- Fines in excess of $3000
- Jail costs
- Community service
- Attendance to Traffic Survival School, and 8 MVD points
- Possibly of an SR-22 insurance coverage for as long as 3 years
Possible Legal Defense for a Extreme DUI
A competent and skilled DUI defense lawyer like Robert A. Dodell can come up with the best possible defense for your Extreme DUI case.
Your lawyer should examine all facts of the case, as well as the charged counts, alcohol testing methods used, underlying investigation, and your criminal history to make sure that all your rights are protected. The lawyer should everything can affect your legal defense against the DUI charge.
In an Extreme DUI charge, and in all DUI charges for that matter, you must check if there are errors in the testing and investigation procedures, possible holes in the case of the state, and any constitutional violations that may have been committed during the arrest. Any of these can result in a dismissal of the charges against you.
The goal should be to get a complete dismissal. This is why your lawyer should look at and explore all aspects of the case. Depending on the merits of the case, the lawyer should determine if it would be in your best interest to go to trial. If not, then he should seek a plea agreement with the least possible penalties and charges.
Any DUI charge should be taken seriously because of its dire consequences; more so if it is a Extreme DUI that carries the harsh penalties. When facing a misdemeanor DUI, contact Robert A. Dodell, Attorney at Law right away.