{"id":14848,"date":"2017-05-30T15:36:07","date_gmt":"2017-05-30T22:36:07","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=14848"},"modified":"2023-03-02T16:02:47","modified_gmt":"2023-03-02T23:02:47","slug":"extreme-dui-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/extreme-dui-arizona\/","title":{"rendered":"Extreme DUI in Arizona (A.R.S. \u00a7 28-1382)"},"content":{"rendered":"

In the state of Arizona, there are three different crimes that you can be charged with for driving under the influence: DUI, Extreme DUI, and Super Extreme DUI.<\/p>\n

The charge depends on the Blood Alcohol Content (BAC) that is taken \u201cwithin two hours of driving or being in actual physical control of the vehicle\u201d according to Arizona Revised Statute 28-1382 A.<\/a> Penalties for each charge are different, depending on the degree of the charges.<\/p>\n

Extreme DUI Penalties<\/h2>\n

To be charged with an Extreme DUI, the BAC that is taken by police officers must be in the range of .15 to .20.<\/p>\n

You can be charged at the time that you are found in control of the vehicle or within two hours of having been in control of a vehicle.<\/p>\n

This means that if you are questioned by police for whatever reason while you are at an Extreme DUI Blood Alcohol Content and you admit to having driven within two hours prior to that, you can be charged.<\/p>\n

The BAC has to have been from consuming alcohol while or before you were driving. You cannot be charged if the BAC results from consuming alcohol after driving.<\/p>\n

First Time Offense Penalties<\/h2>\n

A common misconception is that an Extreme DUI is a felony offense. It is actually a Class One Misdemeanor\u2014a degree lower than a felony. Even if an Extreme DUI is a first time offense for you, the charge still has very strict penalties.<\/p>\n

If convicted, the minimum time spent in jail will be 30 days but can be longer if the judge decides that it is fit to extend the sentence based on the circumstances of the charge. Until the 30 or more days are served, the driver cannot request to be put on probation or to suspend the sentence.<\/p>\n

The minimum court ordered fine will be $250, but like the jail sentence, can increase at the judge\u2019s discretion. \u00a0In addition to the fine, there is addition assessment that is also $250 as mandated by ARS 28-1304<\/a>.<\/p>\n

This assessment is actually a payment to a state fund that in turn uses the money as a grant program to help prevent driving and boating under the influence by educating the public.<\/p>\n

There are another two assessments that the driver will be responsible for, each costing $1,000 for a total of $2,000.<\/p>\n

One part of this assessment is used by the state to equip police officers with their necessary materials<\/a> for duty. \u00a0The other part of the assessment is spent on prison construction and operation funds in order to offset prison crowding.<\/p>\n

In addition to these fines, the driver\u2019s license will be suspended until an interlock device is installed in all of the cars that the driver uses.<\/p>\n

An interlock device is a breath analyzer that is connected to the vehicle\u2019s ignition system. In order to start the vehicle, the driver\u2019s BAC must be at an acceptable level, explained in ARS 13-01 Article 4<\/a>.<\/p>\n

The driver will take on the financial responsibility that is required to have the interlock devices installed and removed.<\/p>\n

This device has to be used for a minimum time of a year to fulfil the sentence.<\/p>\n

Community service may also be ordered by the court.<\/p>\n

Super Extreme DUI Penalties<\/h2>\n

Super Extreme DUI is the most serious charge for driving under the influence. People charged with a Super Extreme DUI are drivers with a BAC of .20 or higher. Due to the nature of the offense, the penalties are increased from Extreme DUI:<\/p>\n