Articles Tagged with super extreme DUI

Super Extreme and Drug DUI laws and penalties apply to all motorists driving in Arizona
A criminal superior court judge in Northern Arizona was arrested on Super Extreme DUI charges, Sunday morning, December 9, 2012. He was stopped by police after swerving into oncoming traffic.

It was reported in the media that his Blood Alcohol Content (BAC) level exceeded the Super Extreme limit which is 0.20%. The suspect allegedly admitted to being under the influence of prescription drugs. The Judge was not at his bench on Monday, and the court reported that was allegedly assigned to non-judicial duties due to a personal matter.

In Arizona it is illegal to drive “Impaired to the Slightest Degree” due to alcohol or drugs. Prescription drugs, especially for pain, often have adverse impacts on driving. When drugs and alcohol are combined, they can prove to be particularly impairing on a motorist’s ability to drive.

A mistake in judgment can easily result in a criminal offense. A DUI conviction can result in harsh criminal penalties including jail, driver’s license suspension, and other civil penalties, as well as other consequences. If you will be driving in Arizona, you should understand the side effects of any drugs you take; and be familiar with Arizona DUI laws and consequences of a conviction.

Arizona Drug DUI Laws

A.R.S. 28-1381. (A). Under Arizona law it is illegal to drive or be in actual physical control of a vehicle, “impaired to the slightest degree”, while under the influence of:

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs
First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:

• 10 days jail;
• Fines, fees, costs of $1,200.00
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Suspension of Driver’s License for 90 days;
• Probation and/or
• Community Service

Super Extreme DUI laws in Arizona

A.R.S. 28-1381. (A)(2)(B). A motorist driving with an Alcohol BAC of 0.20 or more will be found guilty of Super Extreme DUI. A super Extreme DUI is a Class 1 Misdemeanor;
If a person is found to be driving with a BAC of 0.20 they will also be cited with “Impaired to the Slightest Degree”; 0.08% BAC DUI; 015% or more Extreme DUI and 0.20% Super Extreme DUI for up to 4 citations in one stop.

Penalties for a first offense Super Extreme DUI include
• 45 days in jail;
• Fines, fees, costs of $2,500.00
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 18 months;
• Suspension of Driver’s License for at least 90 days;
• Probation and/or
• Community Service

Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

Penalties for DUI if convicted will usually result in other life altering consequences such as termination or suspension of job. It is important to consult an experienced criminal defense attorney before going to court to discuss your matter, and options for defense. The penalties for any DUI in Arizona are some of the toughest in the country. You should never plead “Guilty” without being represented by an effective criminal defense lawyer. There may be defenses you are not aware of, that can lead to a dismissal, reduction or charges, or a reduction of harsh penalties. They will guide you through all phases of the criminal justice process; protect your rights; defend your charges; and work to get the most favorable resolution to your case.

Additional Resources:

Drug DUI and Super Extreme DUI laws

Gilbert AZ Police Department

Alcohol/Substance Abuse Counseling and Treatment Providers

Arizona Department of Health Services – Behavior Health Resource Links

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The Meaning

The phrase “Super Extreme” relative to “DUI” refers to the level or amount of Alcohol Blood Alcohol Content (BAC) found in a person’s system. “Felony” refers to the Classification of criminal charges as in the difference between Misdemeanor and Felony crimes.

Differences between Misdemeanor and Felony DUI charges

First we will discuss the main differences between Misdemeanor DUI and Felony DUI classifications. A majority of DUI charges are classified as Misdemeanors. A Misdemeanor DUI offense will be raised to Felony charges when certain aggravated factors are presents. For this reason, Felony DUI charges are also referred to as “Aggravated”. The penalties for felony DUI charges are more severe than misdemeanor. Convictions will expose a person to prison term, larger fines, fees, and assessments; and driver’s license will be indefinitely revoked.

Aggravated Factors – Felony DUI Charges

Under Arizona law A.R.S. §28-1383 (A) (1), (2), & (3) three aggravating factors that will cause an Arizona Misdemeanor DUI to be elevated to Felony DUI charges.

(1) DUI charge while driving on a suspended, restricted or revoked driver’s license;
(2) Third DUI charge within 7 years and you have two prior DUI convictions that occurred during the last 7 years:

(3) DUI DWI and a child under 15 years of age was a passenger in the vehicle you were driving
Super Extreme DUI Blood Alcohol Content (BAC) in Arizona:

The terms “Extreme” or “Super Extreme” refer to the motorist Blood Alcohol Content (BAC) level found in a person’s system.

The legal limit for alcohol in Arizona is 0.08%. If a person exceeds 0.15% they are considered to be Extreme DU; if a BAC exceeds 0.20% or greater they will be charged with Super Extreme DUI – DWI offense.

In Arizona a person can also be charged with DUI for being “Impaired to the Slightest Degree” even if their BAC is below 0.08%, or if they are impaired due to drugs and alcohol, or drugs alone.

Penalties for Felony DUI Super Extreme BAC Convictions:

• Mandatory Prison – 4 months minimum or more;
• 3 year Driver’s License Revocation;
• Participation in Mandatory Alcohol counseling or treatment program;
• Minimum of 30 hours in Community Service;
• Ignition Interlock device on vehicle – current statutory requirements;
• Fines, court fees, prison assessments and fees exceeding $4,000.00.

Tempe AZ Super Extreme Aggravated DUI Lawyer for defense

Felony DUI charges with Super Extreme BAC are very serious. Your future and freedom are at stake. A Felony DUI conviction will leave you with a felon criminal record, prison terms, and have lasting adverse impacts on your life. You should always consult an experienced criminal defense attorney in the jurisdiction where you were arrested or received charges. They will discuss your matter and provide you options for defense. There may be defenses you are not aware of that may lead to a favorable resolution of your charges. If retained, a criminal defense attorney will protect your rights, defend your charges, and pursue the best possible outcome in your case.

Additional Resources:

Arizona State Legislature = Aggravated DUI Laws
• Arizona State Legislature – Extreme DUI Laws.
Arizona Governor’s Office of Highway Safety (azgohs.gov) Super Extreme DUI Sentencing
Arizona Department of Public Safety (azdps.gov)

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AZ Extreme DUI – Your Options and what the best AZ DUI Attorneys can do for you.

“An Extreme DUI charge may be reduced or dismissed with a good AZ DUI lawyer“.

An AZ DUI charge will be escalated to an “Extreme DUI” charge when A DUI when the body’s Blood Alcohol Content (BAC) exceeds 0.15%. The levels are usually determined by a breathalyzer test or blood test. A BAC exceeds 0.20 is designated as a “Super Extreme” which carries even more severe penalties and incarceration time. If you have been charged with any kind of extreme DUI, it is critical that you consult the best Arizona DUI Attorney you can find. Make sure the AZ DUI Attorney is well versed and defends extreme DUI cases frequently in the jurisdiction, county, or court for which you have been assigned to appear.