The are several types of DUI offenses in Arizona. An extreme DUI is based on the blood alcohol concentration (BAC) level of the person accused of DUI. Specifically, if the person has a BAC above a .150 they will be charged with extreme DUI under § 28-1382 of the Arizona Revised Statutes.
Some of the penalties for being convicted of an Extreme DUI charge include:
- Incarceration (a term of jail)
- Installation of an Ignition Interlock Device
- Driver License Suspension
- Substance Abuse Screening and any recommended treatment
The minimum jail term has been 30 days with up to 20 days suspended if the person complied with the recommended treatment resulting from the mandatory drug and alcohol screening. Simply out, the judge could reduce your sentence to 10 days. However, the Arizona Extreme DUI laws are changing in the near future. The legislature has amended the extreme DUI statute removing the ability of judges to do the following:
- suspend all but 10 days of first offense extreme DUI sentences. Thus, offenders must serve a full 30 day term of jail.
- suspend all but 60 days of second offense extreme DUI sentences. Thus, offenders must serve a full 120 day term of jail.
The date of the offense will determine which penalties a person is facing. Moreover, the above stated penalties are for offender whose BAC level was between .150 and below .200. A person with a BAC of .200 or above will be facing even more punitive jail terms.
Arizona Super Extreme DUI Convictions
Arizona is one of a few states that has enacted a law known as “Super Extreme DUI.” A DUI is considered “Super Extreme” if the person’s blood alcohol concentration is.200 or higher. While this is still a misdemeanor, the minimum jail term is longer than that of most first-time felonies. This crime is distinguished by a number of characteristics. The following are the top five:
Extended Ignition Interlock Device
The use of an Ignition Interlock Device for an extended period of time. All Arizona DUI convictions necessitate the installation and maintenance of an ignition interlock device. The minimum period for a first-time regular DUI is one year. A conviction for Super Extreme DUI requires a minimum of 18 months in prison (or one and one-half years.)
Extended Jail Time
Prolonged incarceration A regular DUI conviction carries a one-day jail sentence. A minimum jail term of 30 days is imposed for an extreme DUI (BAC result of.150 and less than.200). The minimum jail term in Arizona for a Super Extreme DUI is 45 days.
Booking Photo Website
A better chance of having your name displayed in neon lights. The Maricopa County Attorney’s Office maintains a website where booking photos of DUI offenders can be found. While they do not provide explicit details about how they choose who they post pictures of, we do know that they prioritize people with higher blood alcohol test results (i.e. “Super Extreme DUI” and “Extreme DUI.”)
Out of state offenders
Offenders from other states will almost certainly face prosecution. If you live in another state and are charged with a “Super Extreme DUI,” accepting a plea offer will be difficult. Many prosecutors offer lengthy prison sentences in these cases. It is not uncommon for them to offer the same amount of time in prison as the person would receive if they went to trial and lost. If granted work release and/or home detention, an Arizona resident may be able to maintain their employment during their jail term. Out-of-state offenders, on the other hand, may not have these options.
While most Arizona courts will allow them to serve their time in an out-of-state jail, there are very few out-of-state jails that will accept them. Finding a jail in one’s home state for a few days is usually possible. It is nearly impossible to serve jail sentences of 30 to 45 days. Most out-of-state jails will refuse these requests. As a result, an out-of-state offender may have to go to trial and fight the Super Extreme charge. If successful, the minimum prison sentence can be significantly reduced. As a result, in these cases, trial is frequently the best option.
Super Extreme DUI Conviction
Being charged with “Super Extreme DUI” does not guarantee that you will be convicted of it. While prosecutors frequently offer lengthy prison sentences in these cases, this does not rule out the possibility of a reduction (or even dismissal). There are several factors that must be considered:
- How much higher than.200 is the test result?
- Were there any issues with the blood test procedure?
- How bad was the driving before the stop?
- Is there a mismatch between the person’s behavior and the test result? and
- Are any procedural or constitutional violations present?
Furthermore, there are numerous other factors that could influence the case’s outcome. The general idea is that if the government believes it will lose the case, the chances of a reduced plea offer increase.
To summarize, Arizona Super Extreme DUI convictions are truly one-of-a-kind in that the increased penalties for this misdemeanor can be more severe than those for many felonies.