Extreme DUI

Extreme DUI Lawyer in Yuma Arizona

A.R.S. § 28-1382 (A)(1): Extreme DUI, BAC between 0.15 and 0.20 (Class 1 Misdemeanor)

A common misconception about Arizona DUI law is that one can only be charged with DUI when driving above the “legal limit” of .08 BAC. This isn’t true because Arizona is a zero tolerance state; there’s no legal limit for an alcohol DUI.

Arizona law provides for heightened DUI charges, and harsher corresponding penalties, when a Defendant’s alleged BAC exceeds certain statutory levels. An Extreme DUI is charged when the Defendant’s breath or blood test reads between .15 and .20 BAC. The Extreme DUI statute is found in §28-1382 of the Arizona Revised Statutes. Extreme DUI between .15 and .20 is found in A.R.S. 28-1382(A)(1). Arizona’s extreme DUI charge reads that it’s unlawful to have an alcohol concentration of between 0.15 and 0.20 within two hours of driving. Also, the alcohol must have been consumed either before or while in actual physical control of the motor vehicle.

There are two main differences between a “regular alcohol DUI charge” and an extreme alcohol DUI charge: (1) the blood alcohol content of the Defendant is alleged to be above 0.15; and, (2) there are harsher penalties and consequences.

Max Penalties for Extreme DUI 0.15 and 0.20

Jail: 180 days
Probation: 5 years
Interlock Device: 1 Year
Counseling: Alcohol Screening and Classes
Community Service
MVD Points: 8 points and Traffic Survival School.
Insurance: Obtain SR-22 Insurance Policy for up to 3 years

Minimum Penalties for Extreme DUI 0.15

Jail: 30 days, all but 9 consecutive days can be suspended if you install a certified ignition interlock device on your car for a period of twelve months.
Fine: Approximately $3,500.00
Counselling: Alcohol / Drug Screening and Classes.
Driver’s License: 90 day license suspension (no driving first 30 days / restricted driving last 60 days)
Interlock Device: 1 year ignition interlock device.
MVD Points: 8 points and Traffic Survival School.
Insurance: Obtain SR-22 Insurance Policy for up to 3 years (Can Sometimes be Avoided

Minimum Penalties for Extreme DUI 0.20

Jail: 45 days, all but 14 consecutive days can be suspended if you install a certified ignition interlock device on your car for a period of twelve months.
Fine: Approximately $4,000.00
Counselling: Alcohol / Drug Screening and Classes.
Driver’s License: 90 day license suspension (no driving first 30 days / restricted driving last 60 days)
Interlock Device: 1 year ignition interlock device.
MVD Points: 8 points and Traffic Survival School.
Insurance: Obtain SR-22 Insurance Policy for up to 3 years (Can Sometimes be Avoided

If the person charged with an Extreme DUI has been previously convicted of any DUI offense in the past 7 years (84 months), the minimum penalties are even harsher:

Jail: for DUI 0.15, 120 days, all but 60 consecutive days may be suspended if you show proof of placing a certified ignition interlock on your motor vehicle for twelve months.
- For DUI 0.20, 180 days, all but 90 consecutive days may be suspended if you show proof of placing a certified ignition interlock on your motor vehicle for twelve months.
Counselling: Alcohol / Drug Screening and Classes.
Driver’s License: Driver’s license is revoked for one year; however, after the first 45 days, you can apply for a restricted license, which allows you to travel to and from work, school, medical, and court related appointments so long as an ignition interlock device is installed on your vehicle.
Interlock Device: 1 year of ignition interlock after the one year license revocation.
MVD Points: 8 points to MVD Record and Traffic Survival School.
Community Service: 30 hours community service.
Insurance: Obtain SR-22 Insurance Policy for up to 3 years

Fighting the Extreme DUI Charge

There are a myriad of defenses and negotiation strategies that go into defending against an extreme DUI charge and working with an experienced and tenacious DUI lawyer is the best defense strategy. The charges, facts, criminal history of the Defendant, investigation, testing, court, judge, and prosecuting agency, all play into the legal strategy.

It’s always important to look for investigation errors, holes, or constitutional violations that might warrant a complete dismissal. A complete dismissal is the first and foremost goal of any DUI defense.

Depending on the facts your extreme DUI case, there can be benefits of either going to trial or seeking a plea agreement with reduced charges or penalties. It’s often beneficial to seek a reduction to a “regular dui” dui charge. A “regular dui” charge carries lighter penalties. Sometimes, your DUI defense attorney can even negotiate for a reckless driving or dismissal if there are enough problems or errors discovered in the dui investigation.

Ultimately, it’s up to the client whether or not to accept any plea agreement negotiated by the defense attorney, or to go to trial to seek an acquittal.