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Arizona criminal laws, of which the state’s DUI laws are a part, have different classes of offense depending on how serious the circumstances are. In the DUI context, a charge of super extreme DUI is the most serious DUI charge you can face in Arizona and can have life-altering consequences for you that go beyond time spent in jail or financial penalties.
Here we explain what a super extreme DUI is under Arizona law, what makes it different from other kinds of DUI offenses, the kinds of penalties you can face from a DUI conviction, and some of the defenses that may be available to you if you are accused of super extreme DUI.
If you have already been charged with DUI of any kind in Scottsdale or anywhere else in Arizona, then experienced Scottsdale DUI attorney Craig Rosenstein and the Rosenstein Law Group can help you. Our law firm offers aggressive strategies to attack the state’s DUI case. We have successfully defended people accused of drunk driving in the Phoenix area and throughout Maricopa, Pima, and Pinal counties.
Call us at (480) 248-7666 for a free initial consultation with an experienced Scottsdale DUI lawyer.
The short definition of a super extreme DUI is having a blood alcohol concentration (BAC) of at least 0.20 while you are in actual physical control of a motor vehicle. A super extreme DUI conviction carries the penalties of a Class 1 misdemeanor in Arizona.
What makes a super extreme DUI super is that a BAC level of 0.20 or more almost always means that a driver poses a grave risk causing harm to self and to others.
At this level of intoxication, for example, simply staying in one’s own lane when driving becomes difficult to do. Even after “sleeping it off” for eight hours, the remaining alcohol concentration can still be enough to wake up with a BAC level of 0.08 or more.
Arizona has three levels of DUI: ordinary or misdemeanor DUI, extreme DUI, and super extreme DUI. The dividing lines among the levels are based on BAC level measurements. Here is how they break down:
These BAC measurements must be taken within two hours of when you were last driving.
The term “driving under the influence” can be misleading in one way: you do not need to be driving a car to be accused of DUI. Instead, the issue is whether you are exercising actual physical control over the vehicle.
Sometimes an intoxicated person can get into a car but not drive it right away. Or, someone might be driving while intoxicated, but decide to pull over and “sleep it off” for a while. In both of these situations, the main basis for the officer’s decision whether to make a DUI arrest will not depend on whether you were driving at the time.
What constitutes actual physical control depends on looking at all the circumstances that exist when a police officer makes the decision. What we know from Arizona court decisions is that you can be in actual physical control over a vehicle for DUI purposes even if you are parked off the roadway and the engine is off.
Instead, in these situations what the officer will look for is how readily you could resume control over the vehicle again. The easier it is for you to start driving, the more likely the officer will conclude that you are in actual physical control even if you are not moving.
So, whether you are in the front seat or the back seat can be a factor the officer considers. Another consideration is where the car keys are. The more easily you can access them, like by leaving them in the ignition or on your person, the more likely it is that the officer will conclude that you are in actual physical control.
As a Class 1 misdemeanor, a super extreme DUI conviction carries the following punishments:
Subsequent Super Extreme DUI
In addition to the penalties that Arizona DUI laws specify, there are other ways that a super extreme DUI can negatively affect your life.
In some cases you can serve a minimum amount of jail time for a super extreme DUI conviction and then be eligible to serve the rest of your sentence subject to in-home custody. This could reduce the time you spend in jail to as little as three days for a first-time conviction.
Like with the alcohol monitoring requirement above, this would require wearing a continuous alcohol monitoring device or daily breathalyzer tests.
Every DUI defense is unique, based on the specific facts surrounding your DUI arrest. At the Rosenstein Law Group, a skilled Scottsdale DUI lawyer will use a broad-based defense strategy for DUI charges that challenges the prosecutor’s case in the following ways:
Arizona is known for having some of the toughest DUI laws in the United States.
Even for a first-time drunk driving arrest, judges’ hands are tied on a super extreme DUI. This means it is up to you and your DUI defense attorney to seek the best possible outcome for you. The Rosenstein Law Group examines every last detail of the prosecution’s evidence to find grounds for dismissal, reduce the charges to a lesser DUI, or present an effective defense at trial.
In our legal representation, we do our own investigation of the facts of your super extreme DUI charge by examining the police report and negotiating with the prosecuting attorney. Depending on the outcome of our investigation and negotiations, we may be able to reach a plea agreement for a lesser charge.
Time is of the essence to avoid the worst consequences of DUI convictions, so speak with an aggressive Scottsdale DUI attorney as soon as possible following a super extreme DUI charge. Contact Rosenstein Law Group for a free case evaluation. You can reach us day or night, seven days a week, at (480) 248-7666.