Extreme DUI in Arizona: What You Need To Know
A DUI is a serious charge, regardless of where you are driving or how far away from the legal drinking limit you’re at. In Arizona, the law doesn’t just give people a charge of a DUI. DUIs are actually divided into several different categories, many of which go above the “standard” alcohol level.
So, what does it mean if you have an Extreme DUI charge in Arizona? What should you expect from the court system if you have this happen to you? This guide is here to offer you the information you need about an Extreme DUI.
What Is An Extreme DUI?
Arizona is one of the only states to hold the label of “Extreme DUI.” There are technically several types of charges that are considered to be driving under the influence that go above a typical DUI charge. They are:
- Extreme DUI: This means that you have a BAC (Blood Alcohol Content) of 0.15 to 0.19. This is a charge that comes with heightened fines, penalties, and fees.
- Super Extreme DUI: If you drive with a BAC that is above a 0.2, then you have a Super Extreme DUI. This is considered to be a more dangerous charge than an Extreme DUI.
- Aggravated DUI: This is a DUI that comes with “aggravating factors” such as driving when you have an interlocking device, a child in the seat, or if you have been found driving on the wrong side of the street.
Is An Extreme DUI The Same As An Aggravated DUI?
Though they are similar, Extreme DUIs and Aggravated DUIs are not the same thing. Aggravated DUIs are incidents that don’t need to have an extraordinarily high BAC reading to be deemed extremely hazardous to others around the driver.
For example, one driver was recently arrested for an Aggravated DUI after falling asleep at the wheel due and driving the wrong way. However, it’s possible to get an Extreme DUI charge without any aggravating factors.
Can You Be Charged With An Extreme DUI And An Aggravated DUI At The Same Time?
Believe it or not, you can and it’s happened before. One case that involved a woman picking up a child while having a BAC of 0.3 caused police to charge her with both an Aggravated DUI and an Extreme DUI at the same time.
This further cements the fact that Aggravated DUIs and Extreme DUIs are not the same charge. Out of the two of them, Aggravated DUIs are considered to be more serious and carry more substantial fines and penalties.
What Are The Penalties For An Extreme DUI?
Though this can vary depending on whether it’s your first offense or not, but the penalties are fairly high regardless of your offense. If it’s your first offense, you should expect to:
- Spend a minimum of 30 days in jail.
- Pay a fine of $2500, plus an additional set of fees equal to $3,500.
- Have a suspended license for a total of 90 days.
- Pay higher car insurance rates for three to seven years.
- Have a certified ignition interlock device installed on your cars for a minimum of one year, per state regulations.
Most judges will also demand that people who are charged with an Extreme DUI participate in volunteer services and community outreach. In many cases, mandatory alcoholism counseling will also be a part of your sentencing.
Along with the actual court fees and wages lost, you also may have to pay fees for your attorney if you lose. In many industries, an Extreme DUI is grounds for job termination or license revocation. This makes an Extreme DUI a matter that is financially devastating across the board.
Is An Extreme DUI A Felony?
Most people assume that Extreme DUIs are felonious in Arizona, but this is just not true. While they are very serious misdemeanors that carry large fines and even pose a risk to your ability to keep your driver’s license, they are not considered to be felonies.
In order to get a felony from a DUI in Arizona, one of the following has to be true:
- You had a child in the car with you.
- The DUI involved driving the wrong way down the highway.
- You committed a DUI with a suspended license.
- This is your third DUI in 7 years.
- The DUI was committed while you had an ignition interlock on your car.
Since many of these factors can happen while your BAC is above 0.15, it’s not unlikely that you might end up with a felony during the same traffic stop as your Extreme DUI. Arizona is known for giving drunk drivers multiple charges for the same stop.
How Does An Extreme DUI Impact Your Insurance Rates?
Car insurers are extremely hesitant to work with people who have a DUI of any type. A regular DUI will cause your insurance rates to rise by several hundred dollars per year. Moreover, there is also a strong chance that you may not be able to stay with your insurer. This especially true if this is your second (or third) DUI charge in recent years.
Are There Any Ways To Fight An Extreme DUI Charge?
This is difficult, to say the least. An Extreme DUI charge (or any DUI charge) is not something that you should ever consider trying to defend on your own. However, there are several strategies that lawyers may use in order to defend you in court. Some of the more common defenses include:
- Inaccurate Testing. If you can prove that the DUI test may not have been accurate, then you can usually fight the charge. This is true for both field sobriety tests, and breathalyzer tests.
- Illegal Stop. Police need to have probable cause in order to stop you. If you believe you were stopped as a result of profiling, or if a checkpoint was illegally set up, then you can argue it in court.
- No Attorney. If you were not given the opportunity to contact an attorney during your DUI investigation, then the case may not be valid. Arizona state law allows people to call an attorney during the investigation, and in fact, has that as a main tenet of their rights.
- Not In Control. This is a difficult argument to establish. It basically says that you were not in physical control of the car if you were stopped. So, if they try to charge you with a DUI as a passenger, this would be a good argument.
When putting together a defense case, the best thing you can do is ask the advice of an experienced lawyer. Arizona’s DUI laws are fairly complex and should not be navigated by individuals who do not have legal representation.
Conclusion
Extreme DUIs are one of the worst misdemeanors that you can have in the state of Arizona. They are not only incredibly pricey, but they also are notoriously difficult to fight in court. Many even call these charges life-ruining.
If you find yourself in a situation where you may be charged with an Extreme DUI, do not wait for a court date. Call an experienced legal professional as soon as you can.