A Super Extreme DUI is the highest level of misdemeanor DUI offense in Arizona, reserved for cases where a person’s BAC is at or above .20. It probably comes as no surprise that these cases can lead to harsh penalties. When BACs rise above and beyond .20, people often ask if they could be charged with a felony. The silver-lining here is Super Extreme DUI charges are class 1 misdemeanor offenses, regardless of how high the BAC is. However, this does not change the fact that a Super Extreme DUI conviction will lead to serious, lasting consequences.
Below you will find answers to some common questions regarding penalties and what to do if you have been charged with a Super Extreme DUI. We understand that every case is different, so you will likely have questions about the specific circumstances of your case. That is why we offer free consultations and case evaluations for Super Extreme DUI charges. We have a team of lawyers ready to answer your questions and take the weight of facing criminal charges off of your shoulders. Call the Rosenstein Law Group at 480-248-7666 or contact us online to schedule your free consultation today.
A Super Extreme DUI conviction may include the following penalties:
Given how strict Arizona is when it comes to DUI enforcement, it is not uncommon for people to be arrested for DUI more than once in their life. We know better than to judge someone based on their past, but the Arizona criminal court system does just that. If a person is convicted of a Super Extreme DUI and has previously been convicted of a DUI committed within the prior seven years, also referred to as a “second offense Super Extreme DUI,” then the punishments increase significantly. While a typical, non-DUI class 1 misdemeanor carries no minimum jail term, a second offense Super Extreme DUI carries a minimum sentence of 180 days in jail. This is the longest jail term that a person can receive for a misdemeanor offense in Arizona.
Additionally, a second offense Super Extreme DUI conviction will result in a one year driver’s license revocation, 24-month ignition interlock device requirement, increased fines and fees, and 30 hours of community service (also called “community restitution”).
Even if your prior DUI conviction is from a state other than Arizona, the prosecutor will attempt to use that out-of-state conviction to increase your mandatory minimum punishment to 180 days in jail. Depending on the state in which you were previously convicted of DUI, we may be able to challenge the prosecutor’s ability to use that prior DUI conviction against you. A successful challenge would reduce the minimum jail term from 180 days to 45 days.
If you are convicted of a Super 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.
If you are arrested for a Super Extreme DUI, the earlier you can contact a DUI attorney, the better. The Rosenstein Law Group has an attorney available 24/7 at 480-248-7666 to take calls from people who are currently in police custody after being arrested for a DUI. Our attorney can answer your questions about the arrest process, including whether you should consent to a blood or breath sample, and how to go about ensuring your release from custody. We can walk you through the intimidating process to make sure you do not make any missteps while you are in this stressful situation.
Due to the stress and fast-moving pace of a DUI arrest, many people do not think to call a lawyer at the time they are arrested. It can be tempting to take your mind off of the situation and put in on the back-burner until your court date is right around the corner. However, the best course of action is to contact a DUI attorney as soon as possible. The reason for this is two-fold. First, your license may be suspended 15 days after your arrest unless a license suspension hearing is requested with the MVD. At the Rosenstein Law Group, we will request the hearing and argue the case on your behalf at a hearing conducted by an MVD administrative law judge. The arresting officer also attends this hearing as a witness for the state. This allows your attorney the opportunity to cross examine the officer to gain important information for your criminal case.
This brings us to the second reason why you should contact an attorney as soon as possible after a DUI arrest. Even though your court date may be a few weeks down the road, there may be steps you can take to document issues that may be relevant to your defense. Some people have medical conditions or injuries that could provide an explanation for certain behavior. In other cases, we may need to document the scene of a collision or known issues with your vehicle that could have caused your allegedly unusual driving behavior. At the very least, an attorney can give you an honest assessment of your case and answer any questions you have about the court or MVD process.
If you are charged with a Super Extreme DUI, know that just because the police allege that your BAC is at or above .20 does not mean that you will be convicted of that charge. While a person’s BAC is obviously a major part of a DUI case, it is not the only factor to look at when determining if your case is defensible. Some commons defenses that we employ include:
Challenging the legitimacy of the police stop. Did the police have a lawful reason to pull you over in the first place? If not, we can suppress all evidence obtained as a result of that stop, including the BAC, which may lead to the dismissal of charges altogether.
Attacking the officer’s lack of probable cause to make an arrest. After the police have stopped you, they need to establish probable cause before they can make an arrest. If the officers did a sloppy on-scene investigation, they may not have had enough evidence to arrest you in the first place. This involves analyzing your interaction with the police, including your performance on field sobriety tests.
Challenging the allegation of impairment or intoxication. This is a multi-step process that involves analyzing the field sobriety tests, any signs of a lack of impairment, and the BAC results. We challenge blood and breath results to show that they may be inaccurate or unreliable. If you gave a breath sample, there are many environmental factors that could affect the reliability of the produced result. Additionally, the breath testing machines themselves have margins of error that could lead to artificially inflated BAC results. If the police took a blood sample, we look to how the sample was collected. There could be issues with storage and contamination. Additionally, when the blood is sent to a lab for testing, the lab technician must abide by specific procedures to ensure accurate results. There are many opportunities for human error that could lead to inflated BAC results. We analyze the chromatograms produced by the machine to identify issues during the testing process.
Violation of your constitutional rights, such as the right to counsel or right to remain silent. If the police violated you rights, this could lead to suppression of evidence or dismissal of charges.
Involuntary or coerced consent to blood or breath testing. If an officer improperly coerces you to consent to a blood or breath test, that may lead to suppression of evidence or dismissal of charges.
A conviction for Super Extreme DUI in El Mirage can have lasting consequences beyond jail time, probation, or fines and fees. A Super Extreme DUI is a permanent criminal conviction on your record, which may cause issues with future employment, housing, insurance and professional licenses.
At the Rosenstein Law Group, we handle all aspects of your DUI arrest and case. We deal with the MVD and ADOT so that you don’t have to. We also offer unparalleled representation for the criminal side of your DUI case. Contact the Rosenstein Law Group at 480-248-7666 or online to schedule a free initial consultation and case evaluation.