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If you have been charged with “super extreme DUI” in Arizona, you may already be familiar with the DUI defense process. Perhaps you have an alcohol dependence problem — or perhaps you were unlucky — in the wrong place at the wrong time.
It is also possible that chemical test results were simply wrong. If police breath, urine or blood test results indicate that you had a blood alcohol level of .20 or higher when you were arrested for drunk driving in Phoenix, the legal system considers you a serious danger to the public. Meanwhile, this level of DUI charges can be a serious hazard to your future. You need aggressive DUI defense.
A super extreme DUI in Arizona refers to driving under the influence with a blood alcohol concentration (BAC) level at or above 0.20 percent. Since the legal limit in Arizona is 0.08 percent, a super extreme DUI is more than twice the legal limit. For this reason, the potential penalties and consequences for a driver who is convicted of a super extreme DUI are more severe than a standard or even an extreme DUI (a driver with a BAC of 0.15 percent or more).
The statute involved in super extreme DUI cases in Phoenix is Arizona Revised Statutes Section 28-1382. This law states that it is unlawful for an individual to drive or be in actual physical control of a vehicle with an alcohol concentration of 0.20 or more within two hours of driving or being in actual physical control of a vehicle, if the BAC results from alcohol consumed before or while driving. This is known as driving while under the “extreme influence of intoxicating liquor.”
Note that, as is the case with all DUIs in Arizona, you do not have to have been driving a motor vehicle to be arrested and charged with a super extreme DUI. It is enough to be in physical control of a vehicle – which could mean being in the passenger seat or even the back seat of the car, depending on the circumstances. If there is evidence that you could have controlled the vehicle with an illegal BAC level, this is enough to result in a super extreme DUI charge.
Whatever your circumstances, we at the Rosenstein Law Group are as committed to ensuring that your legal rights are respected and protected. Our attorneys are prepared to advocate for you as zealously as we would for any driver charged with drunk driving. We are prepared to fight on your behalf to help you avoid the mandatory minimum jail sentence of 45 days that even a first-time offender must serve in Arizona if convicted of super extreme DUI.
Other negative consequences of a super extreme DUI conviction in Phoenix or anywhere in Arizona may include the following:
A second super extreme DUI conviction will likely result in a 180-day minimum sentence, a one-year license revocation (with no work permit allowed), and a 24-month required installation of an ignition interlock device on your car.
Phoenix DUI defense lawyers of Rosenstein Law Group have a solid track record representing drivers charged with driving while intoxicated, with blood alcohol levels of .20 or higher — equivalent to super extreme DUI according to Arizona’s new, tough DUI laws. Located in Scottsdale, our law firm serves clients throughout the Phoenix metro area and beyond.
An experienced DUI defense attorney from Rosenstein Law Group can build a strong defense to protect you as much as possible from super extreme DUI charges. We will start by carefully reviewing your case and analyzing the evidence that the prosecution has against you. We will look at factors such as what type of tests were done to determine your intoxication, the actions of the arresting police officer(s), how law enforcement treated you after your arrest, and your criminal background to determine the best defense strategy for your case.
Potential defenses may include:
The prosecution has the burden to prove that all of the elements required for a super extreme DUI conviction exist beyond a reasonable doubt. Your lawyer may work to show that the prosecutor does not have enough evidence for a conviction. If this isn’t possible, we will fight for a reduction of charges and the minimization of the penalties that you could face. We will negotiate on your behalf and prepare a defense that will give you the greatest chance of success.
Our extreme, super extreme, and aggravated DUI defense attorney in Phoenix is prepared to take on your case. We hope you will take action as soon as possible to protect your freedom now and prevent negative consequences down the road.
Call (480) 452-1028 or contact us online for a free consultation.