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 a super 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 Super Extreme DUI?
ARS 28-1382A2, more commonly known as the Arizona Super 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 a super extreme DUI if you are caught with a blood alcohol content level that is 0.20 or above.
According to the state’s Super Extreme DUI law, it is considered illegal to have a BAC reading of 0.20 or more within two hours of driving. In addition, you must have consumed the alcohol while or before you had the motor vehicle’s actual physical control.
Differences Between a Super Extreme and a Regular Alcohol DUI
There are two main differences between Regular DUI's and Super Extreme:
- In a Super Extreme DUI allegation, the BAC is alleged to be specifically at 0.200 or more; and
- Conviction for a Super Extreme DUI carries much stiffer mandatory minimum consequences and penalties.
Differences Between an Extreme and a Super Extreme DUI
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. A person charged with Super Extreme DUI is, typically, also charged with an Extreme DUI case.
- Conviction for a Super Extreme DUI carries stiffer mandatory minimum consequences and penalties.
Maximum Penalties for a Super Extreme Conviction
As mentioned, a Super Extreme DUI carries the stiffest penalties among all misdemeanor DUI charges. These include:
- Up to 180 days in jail
- 5-year probation period
- Installation of an interlock device in your car for 18 to 24 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 Super Extreme DUI
A competent and skilled DUI defense lawyer like Robert A. Dodell can come up with the best possible defense for your Super 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.
Any DUI charge should be taken seriously because of its dire consequences; more so if it is a Super Extreme DUI that carries the heftiest penalties among all misdemeanor DUI cases. When facing a DUI, contact Robert A. Dodell, Attorney at Law right away.