If you have been charged with drunk driving, you might believe that one DUI is pretty much the same as another. An experienced Phoenix DUI lawyer will explain to you, however, that the specific facts in your case can make a huge difference in both the strength of (or weaknesses in) the case against you, and the potential consequences of a conviction.
Like many states, a DUI in Arizona carries some serious penalties – jail, loss of license, fines and surcharges, to name just a few. And as in many states, Arizona law also provides for additional and/or enhanced penalties if the driver’s blood alcohol content (BAC) is significantly higher than the legal limit. It’s called “extreme DUI.”
What is “extreme DUI”?
Arizona’s DUI laws state that you can be convicted of drunk driving if, when you are under the influence of alcohol, you are impaired to any degree. You can also be convicted if your BAC is 0.08 or higher. In the case of commercial vehicles, the threshold is 0.04. If you only look at the basic DUI law (A.R.S. 28-1381A), you might mistakenly conclude that it makes no difference, in a legal sense, what your particular alcohol level is, provided that it is at least 0.08. That conclusion is wrong. And the reason is it wrong is because of the existence of another statute, A.R.S. 28-1382A, which states that it is unlawful to drive (or be in actual physical control of) a vehicle if your BAC is 0.15 or more. It goes on to state that if your BAC is 0.15 or more, you are guilty of driving under the “extreme influence” of intoxicating liquor. This is commonly referred to as extreme DUI.
The extreme DUI law actually has two sections, one dealing with a BAC of at least 0.15, but less than 0.20, and the other dealing with a BAC of 0.20 or more. The higher level is known as “super extreme DUI.”
Penalties for extreme and super extreme DUI
The primary difference between a standard DUI and an extreme (or super extreme) DUI is in the applicable penalties. For a first-time extreme DUI, while penalties will differ from case to case, you can expect the following if you are convicted:
- Jail time of 30 days.
- License suspension of 90 days.
- Fines, assessments and costs totaling many thousands of dollars.
- Substance abuse screening.
- Insurance surcharges for three years.
- Increased insurance rates.
- Installation of an ignition interlock device (IID) for one year.
- Additional penalties and restrictions, as ordered by the judge.
For a first-time super extreme DUI, the consequences become even more severe. The amount of jail time will increase to 45 days; fines will increase; the time during which you must have an IID installed in your vehicle will increase; and your license will be revoked for one year.
Have you been arrested for extreme DUI?
As you can see, the penalties for a high-BAC drunk driving conviction are very harsh. As a result, it is essential that you find the right Phoenix attorney to represent you in your case. An experienced DUI lawyer will examine the case against you, investigate the facts, hire expert witnesses where appropriate, and utilize all his skills and efforts to achieve the best possible result on your behalf.
Raising defenses is essential, but that is not all that a top DUI lawyer will do for you. In addition to discovering weakness in the case, those weaknesses must be communicated to the prosecutor, so that there is an opening for some negotiation on the charge against you. Penalties, and the possibility of a reduction in the charges (extreme DUI to DUI, DUI to reckless driving, etc.), are all open to discussion. But your negotiating position will be affected by the experience and reputation of your lawyer.
If the prosecutor sees your attorney as a fighter who knows his way around the courtroom and the system, who is not afraid to take a case to trial, and who will challenge the prosecution’s case at every turn, you are in a much stronger position when it comes to negotiating a reduction in charges or penalties, or an outright dismissal of your DUI case. That’s where we come in. At the Law Offices of David A. Black, we are experienced in defending clients charged with DUI, and we have an outstanding track record of success. Call us today for a free consultation.