Understanding Your Extreme DUI Case in Arizona

In the state of Arizona, there are many different consequences if you are convicted of DUI. A DUI charge is not straightforward; there are many different types of DUI depending on factors such as blood alcohol level.

Every year, Arizona has a huge number of DUI cases, may it be Regular DUI, Misdemeanor, or Aggravated DUI. They have tightened penalties to try to reduce DUI in Arizona. But, because penalties have been tightened, if you are charged with extreme DUI in Arizona, you face significant penalties. 

What Is An Extreme DUI? (Arizona Revised Statute §28-1382)

An Extreme DUI case, under A.R.S. §28-1382, involves operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.15% or higher within two hours of driving. This offense encompasses not only driving but also the actual physical control of a vehicle, which includes being in the driver’s seat with access to the vehicle’s keys and the capability to operate it.

Additionally, in the Arizona law on DUI, a Super Extreme DUI occurs if the BAC exceeds 0.20%, triggering even more stringent penalties.

Penalties for Extreme DUI Cases

For a First DUI offense in Arizona of an Extreme DUI, you may face the following:

• 30 days in jail.
• A fine of at least $2,500.
• Required completion of an alcohol/drug screening, treatment, and education program.
• An ignition interlock device is a requirement for every vehicle you drive.
• Community service.

For a Second DUI offense in Arizona (or prior DUI offense) of an extreme DUI, you may face:

• At least 120 days of jail time.
• A fine of at least $3,250.
• A driver’s license revocation of 12 months.
• Required completion of an alcohol/drug screening, treatment, and education program.
• An ignition interlock device is a requirement for every vehicle you drive.
• Community service.

Evidence When Charged With Extreme DUI

If you are facing an Extreme DUI charge in Arizona, as with any criminal charge, the guilt must be proven beyond a reasonable doubt in order to be convicted. The factors that may influence ‘reasonable doubt’ include:

• The ability to prove that you were the one driving the motor vehicle in Arizona.
• Documentation of your blood alcohol level.
• Proof that the blood alcohol level results are from your drinking prior to arrest.

Extreme DUI conviction is likely that the arresting officer will testify in your case to verify these factors. But, there are ways to raise doubt such as when the blood alcohol test was administered. For example, the blood alcohol level test must be administered within 2 hours of your arrest, or you may be able to challenge the results.

Additionally, the officer must be able to prove that you did not consume alcohol between your arrest and when the blood alcohol test was administered. If you were left alone or released and then asked to return to take a BAC test, you may be able to challenge the results.

What Happens if A DUI Case Is Dismissed?

Getting a DUI Case dismissed means that the court has dropped the charges against you. This could happen for various reasons, such as lack of evidence, procedural errors, or violations of your legal rights during the arrest or investigation. When a case is dismissed, it doesn’t result in a conviction, and you’re not considered guilty of the alleged offense.

In the context of Arizona DUI laws, a dismissal doesn’t erase the initial arrest from your record. However, it prevents a conviction from being recorded, which is crucial as DUI convictions can have severe repercussions on your driving privileges, employment, and personal life.

The Role of an Arizona DUI Attorney

If you have been charged with extreme DUI, the penalties are very harsh. It is important to hire an experienced DUI attorney in AZ as soon as possible for your defense. 

Whether it’s a First Offense Extreme DUI or a subsequent offense, DUI lawyers can review and defend your case toward the best possible outcome. These defense lawyers can also help mitigate the DUI penalties, for instance, by reducing jail time.

How To Win An Extreme DUI Case

To enhance your chances of winning against an Extreme DUI charge, several strategies can be considered:

1. Hire an Experienced DUI Attorney: A skilled DUI defense attorney can assess the details, challenge evidence, and build a robust defense tailored to your situation.
2. Understand DUI Laws in Your Area: Familiarize yourself with local DUI laws and procedures to comprehend your rights and potential defenses better.
3. Challenge Arrest Procedures: Scrutinize the legality of the arrest, ensuring proper adherence to protocols and your constitutional rights during the arrest process.
4. Review Chemical Test Results: Your Extreme DUI attorney can investigate the accuracy and validity of any chemical tests conducted during your arrest, potentially challenging their reliability.
5. Gather Evidence: Collect any relevant evidence, such as witness statements, surveillance footage, or circumstances surrounding the arrest, to support your defense.
6. Negotiate Plea Bargains: Your attorney might negotiate for reduced charges or penalties through plea bargains, depending on the specifics of your case.
7. Attend Hearings and Proceedings: Ensure your presence at all court proceedings and hearings, cooperating with your attorney to present a strong defense.

Why Hiring An Extreme DUI Lawyer Makes A Difference

An Extreme DUI charge in Arizona brings serious penalties, stressing the need for legal help. Understanding the consequences of legal processes and building a strong defense are crucial. Hiring a skilled DUI lawyer is crucial for navigating complexities and creating a solid defense against the life-changing impact of these charges.

If you’re facing an Extreme DUI charge, our law firm offers a free DUI consultation to help you understand your legal options.