Criminal laws in Arizona, including its DUI laws, have escalating penalties for distinct types of the same offense. For example, charges involving the death of another person range from negligent homicide to first-degree murder, with a few other levels in between.
Arizona DUI law has a similar increasing scale of penalties that can apply to you for drunk driving, depending on the circumstances of your arrest. Ordinary DUI is at the low end of the scale. A charge of “Super-Extreme DUI” is at the top.
A Super-Extreme DUI charge means the police are alleging that your blood alcohol content (BAC) level was at or above a reading of .20.
A Super-Extreme DUI conviction may have severe penalties, including:
At the Rosenstein Law Group, we defend clients like you against all kinds of DUI charges, including Super-Extreme DUI. Here are answers to some of the questions we have received about this variation of Arizona’s DUI laws.
Question: “I’ve heard that Super-Extreme DUI is an automatic felony charge because of the .20 BAC level. Is that true?”
Answer: No. Your BAC level, by itself, has no bearing on whether you will be charged with a misdemeanor of a felony.
Question: “What if I already have a prior DUI conviction?”
Answer: If you have been convicted of an earlier DUI within seven years of being convicted of Super-Extreme DUI, then you can be subject to “Second Offense Super-Extreme DUI” penalties. These are more severe punishments than you would otherwise receive for a first-time offense.
Question: “Are there any alternatives to serving jail time for Super-Extreme DUI?”
Answer: If you are convicted of a Super-Extreme DUI, then you will face a mandatory jail sentence. In some cases, though, if we cannot have your charges dismissal or reduced, then we might be able to negotiate alternatives to jail time. Under certain circumstances you may be eligible for home detention or work release.
Also, if you have a prior DUI conviction in a different state within the past seven years, then depending on the state in which your prior conviction was in we may be able to challenge the prosecutor’s ability to use that prior DUI conviction against you. A successful challenge could reduce the minimum jail term from 180 days to 45 days.
If you are facing a Super-Extreme DUI charge, then in addition to the frequently asked questions above you likely have a lot more questions that are specific to your case.
The first thing you need to do is to know that you must act quickly after the DUI arrest. Days count. For example, you may be facing a 90-day administrative or 1-year implied consent license suspension that begins 15 days after your arrest – unless you first request a hearing on the suspension with the Arizona Department of Transportation (ADOT).
With this deadline looming, we urge you to contact one of our experienced DUI attorneys as soon as possible after your arrest so that you can discuss your options before they get taken away from you.
Just because the Payson police and prosecutor have alleged that your BAC is at or above .20 does not mean that you do not have any options. At the Rosenstein Law Group, we oversee all aspects of your DUI arrest and case:
A conviction for Super-Extreme DUI in Payson, Arizona, can have lasting consequences that go beyond jail time, probation, or fines and fees. A Super-Extreme DUI is a permanent criminal conviction on your record. This can cause problems for you with future employment, obtaining housing, and qualifying for insurance and professional licenses.
With so much at stake, it is important that you have the right attorneys on your side.
Contact the DUI Law Specialists at Rosenstein Law Group at 480-248-7666, day or night. Or reach out to us online to schedule a free initial consultation and case evaluation.
Time is not your ally in a DUI case. If the police have charged you with any kind of DUI, Super-Extreme or otherwise, you must act quickly to protect your rights and to help us prepare the best possible defense for you. Call us or contact us online today.