First Offense – How Bad Can That Be? (Part 5 of 5)

Posted on July 5, 2010 in DUI Arrest

If you have been charged with a first offense DUI in Arizona, you can see from our previous four posts that the penalties are tough. In fact, people are surprised when they learn what they are facing when they are charged with a first-time DUI in Arizona.

Our last post in this series covers a statute (or law) with unique ramifications for the people in the state of Arizona, and it is by far the most severe…

‘Super Extreme DUI’ – Arizona’s Severe Punishment

Arizona stands alone in its severity of punishment for first time offenders when it codified into law A.R.S. Section 28-1382 (A) (2) – BAC greater than .2 or Super Extreme DUI. As of September 2007, anyone in Arizona who is convicted of a first offense DUI with a BAC greater than .2 within two hours of driving must serve anunprecedented 45 days in jail.

Fines increase with the Super Extreme DUI charge as well: $1,250 to the general fund, $1,250 to the prison construction fund, as well as about $4,500 for jail time.

It is very possible to have fines surpass $10,000 if one is convicted in Arizona of a Super Extreme DUI on the first offense. In addition, alcohol screening and classes, and an 18-month ignition interlock imposition, will also be required.

It is important to note that judges do not have any discretion to give a lighter sentence, but may give even more jail time if they deem the circumstances to be appropriate.

The Five First Offense DUI Statutes – Review

Here is a quick reference to the five statutes (or laws) that you can be charged with in a first offense DUI:

Post One: A.R.S. Section 28-1381(A)(1): Impaired to the slightest degree

Post Two: A.R.S. Section 28-1381 (A)(2): Blood Alcohol Content BAC .08 or above

Post Three: A.R.S. Section 28-1281 (A)(3): Driving with any illegal drugs in your system

Post Four: A.R.S. Section 28-1382 (A): BAC greater than .15 or Extreme DUI

This Post: A.R.S. Section 28-1382 (A)(2): BAC greater than .2 or Super Extreme DUI

Remember, these posts have only covered the statutes for a first offense class 1 misdemeanor DUI. After that, the penalties become harsher.

For more information visit our DUI website.