If you are arrested for DUI in El Mirage with a BAC at or between .15 and .19, you will be charged with an Extreme DUI. Arizona has increased penalties DUI offenses if a person’s BAC reaches this higher range, including additional jail time and a possible 30-day vehicle impound. Below you will find some information regarding penalties and common defenses to Extreme DUI cases. Every case is different, and seemingly inconsequential details can make a huge difference. That is why we offer free initial consultations to help you better understand the strengths and weaknesses of your case. Contact the Rosenstein Law Group 24/7 at 480-248-7666 or online to schedule a free consultation and case evaluation.
An Extreme DUI conviction may have severe consequences, including:
It is important to note that these are the penalties for a first-time Extreme DUI offense. If you are convicted of an Extreme DUI and you have previously been convicted of a DUI committed within the prior seven years, also referred to as a “second offense Extreme DUI,” then the penalties are increased to include 120 to 180 days in jail, a one year driver’s license revocation, increased fines and fees, and 30 hours of community service (also called “community restitution”).
The negative connotation associated with an Extreme DUI conviction is far reaching. Not only are you facing harsh penalties from the court, but having an Extreme DUI conviction on your record will undoubtedly cause headaches in the future. Many people incorrectly assume that an Extreme DUI is a felony offense, just because of the name. It is a common misconception that the higher a person’s BAC is, the more likely they are to be charged with a felony. This is not true, however, it does not stop other people from assuming the worst when they hear the term “Extreme DUI.”
Given the harsh penalties and the negative connotation of an Extreme DUI conviction, most people want to know their options before they decide to simply plead guilty and accept their fate. Others, however, feel that a high BAC and other bad facts in their case will not be on their side, so they wonder if they should just plead guilty to get the process over with and try to move on. Those people may find that moving on is more difficult than they anticipated. Even after serving jail time and probation, you may be left with fines and fees that could take years to pay off. Combine this with increased insurance rates and it is easy to see how the financial stress can add up. This becomes even more difficult if you lose your job or are unable to find employment because you have an Extreme DUI conviction on your record.
This may seem like doom and gloom, but it is a harsh reality faced by people who have been charged with Extreme DUI. That is why having an experienced attorney is so important. Yes, you were arrested for Extreme DUI, but that does not mean that you will be convicted. A comprehensive investigation into the facts of your case may uncover defenses that could lead to reduced charges, reduced penalties, dismissal or acquittal.
The attorneys at the Rosenstein Law Group employ a wide range of defenses based on the specific facts of each case. We review body camera footage and police reports, interview arresting officers and witnesses, review and analyze BAC results for errors, and consult with forensic experts. Conducting a complete defense investigation gives us the best chance of finding defenses and violations of your constitutional rights.
Police officers are tasked with documenting and preserving any evidence that may be used against you. That means that if you only rely on the police investigation, you may be missing key details that could have a major impact on your case. In many cases, we learn important details about a case from what is not contained in a police report. The attorneys at the Rosenstein Law Group are trained on how police conduct DUI investigations. We know what the police are looking for to try to prove that you were impaired. So, when we notice that key observations are left out of a police report, it is usually because those observations would cut against the state’s case—they may show that you were not impaired. We use these missing details to your advantage to get you the best possible result. We analyze your driving behavior, the traffic stop, your interaction with the officer, your exit from the vehicle, field sobriety tests, portable breath tests, statements, breath and blood testing procedures, chain of custody and important DUI-related time limits for BAC testing, to name a few. In cases where there is body camera footage, we can scrutinize every detail. In cases where an officer may not have a body camera, we can use our independent investigation to paint a persuasive picture of the scene for a prosecutor, court, or jury.
It is worth noting that while the BAC is an important part of a DUI case, there are possible defenses based on factors completely unrelated to your BAC. Violation of your right to counsel, right to an independent blood test, your Miranda rights, or other constitutional rights may be used to reduce or eliminate potential consequences of your arrest.
If you are convicted of Extreme DUI, you will face a mandatory jail sentence. However, in some cases where a dismissal or reduced charges are not attainable, we may be able to negotiate alternatives to jail time. Under certain circumstances you may be eligible for home detention or work release.
Our goal is to provide the highest quality of representation to our clients. By taking a comprehensive approach to defending every DUI case we handle, we can obtain the best possible outcomes for our clients, including suppressed evidence, reduced charges, dismissals, and complete acquittals. Even if a dismissal or reduction in charges is not possible, we may be able to negotiate alternatives to jail, such as home detention or work release.
If you have been arrested or charged with an Extreme DUI in El Mirage, you need an experienced attorney that will fight to get you the best possible result. Contact the Rosenstein Law Group at 480-248-7666 or online for a free consultation.