Arizona law provides for enhanced penalties for extreme- and super extreme DUIs. These offenses are based on an exceptionally high blood alcohol content (BAC). Because they require such a high amount of intoxication, they are theoretically easier to avoid than a regular DUI. Despite this, thousands of drivers in Arizona are arrested for extreme and super-extreme DUI every year.

Penalties include mandatory jail time, alcohol counseling, ignition interlock devices and extreme financial penalties. Many think the financial penalties are excessive because they are a dire hardship for the poor and working people. With a super extreme DUI, convicts must pay the state a minimum of $9,900 over three years, even if they elect not to drive for that period of time.

Penalties include mandatory jail time, alcohol counseling, ignition interlock devices and extreme financial penalties. Many think the financial penalties are excessive because they are a dire hardship for the poor and working people. With a super extreme DUI, convicts must pay the state a minimum of $9,900 over three years, even if they elect not to drive for that period of time.

In addition, professional licenses, such as a real estate license, are subject to revocation, resulting in further financial hardship. Many people convicted of super-extreme DUI face the loss of their careers, homes and life savings.

Super Extreme DUI Criteria and Penalties

Arizona law defines a super-extreme DUI as operating a vehicle with a BAC above .20. The legal limit within the state stands a .08, so the level of intoxication for a super extreme DUI is very high. At this level of intoxication, there is no argument against impairment. A BAC that high will negatively affect anyone’s driving abilities.

For a first offense, convicts face a mandatory minimum of 45 days in jail, and the law bars judges from suspending any of the sentence. As a result of mandatory jail, many convicts lose their jobs and homes in the process and face crippling criminal justice debt upon release.

The minimum fine is $2,750. In addition, prisoners must pay the cost of their own incarceration, which, in Maricopa County, amounts to a fee of $396.98 for booking and $102.55 per day incarcerated. That amounts to over $3,000 per month! The “rent” for being incarcerated is higher than the most luxurious apartments in Arizona!

The minimum fine is $2,750. In addition, prisoners must pay the cost of their own incarceration, which, in Maricopa County, amounts to a fee of $396.98 for booking and $102.55 per day incarcerated. That amounts to over $3,000 per month! The “rent” for being incarcerated is higher than the most luxurious apartments in Arizona!

Also, Arizona law gives judges the power to order convicts to not consume alcohol for a period of 90 days or more. To monitor compliance, an alcohol monitoring bracelet is attached to the ankle. Alternatively, offenders can be required to blow into a telephonic breathalyzer twice per day.

Super Extreme DUI Penalties Second Offenses

The first offense penalties may seem stringent, but second offense sentences are far worse. Repeat super DUI offenders with a prior conviction in the past seven years face the following consequences:

A mandatory minimum sentence of 180 days in jail without the option for a suspended sentence. The booking fee and per day jail costs apply, which can bury prisoners in criminal justice debt.

In addition, a $4,699 fine applies.

Offenders also must attend at least 36 hours of alcohol classes, serve a one-year driver’s license revocation and, once driving privileges are restored, pay over $1,800 for an ignition interlock device, which must stay in place for two years.

Offenders also must attend at least 36 hours of alcohol classes, serve a one-year driver’s license revocation and, once driving privileges are restored, pay over $1,800 for an ignition interlock device, which must stay in place for two years.

Super-Extreme DUI Defenses

Many DUI defendants make the mistake of assuming that because they “blew” above a .20 BAC, they have no defense against a super-extreme DUI charge. In fact, the prosecution must prove super-extreme DUI beyond a reasonable doubt and overcome any affirmative defenses asserted by a criminal defense attorney.

In more cases than many defendants realize, the state lacks the necessary evidence, or an affirmative defense applies that requires the defendant’s acquittal.

Of course, the prosecution will never admit to fatal flaws in its cases and hopes to strong arm defendants into pleading guilty. A criminal defense lawyer knows how to stand up for their clients’ civil rights and force the dismissal of bad cases brought by overzealous prosecutors.

The following list is a non-exhaustive sample of some super extreme DUI defenses:

Inaccurate or Unreliable Breath Test Results

Breath tests are not infallible, despite what law enforcement and prosecutors may assert. For example, a breathalyzer may not be properly calibrated, which legally makes its results void. An officer may also have waited too long to administer the test or failed to give proper instructions. Certain health conditions or contaminants can also bias the results.

Inaccurate or Unreliable Blood Test Results

Falsely high BAC readings also occur in blood tests due to contamination, incorrect testing procedures or sample switching.

Improper Field Sobriety Test (FST) Administration or Performance Assessment

FST results can be used against you to prove impairment, even if you are below the legal limit. Arizona law allows you to refuse FSTs, which is always advisable. Some people look impaired in an FST when they are not. For example, a person with poor balance may struggle to stand on one foot even when sober.

If an FST is used against a defendant in court, a defense lawyer can raise doubts about its accuracy based on the improper administration of the test or a police officer’s failure to consider other factors than intoxication that affect results.

Lack of Reasonable Suspicion

The Fourth Amendment requires police to have a reasonable suspicion before pulling over a driver. For example, weaving between lanes would give police grounds to stop a driver on suspicion of DUI. A charge based on illegitimate reasons for suspicion must be dismissed in court.

Lack of Probable Cause

The Fourth Amendment also requires “probable cause” to make an arrest. This means law enforcement must obtain evidence that leads to the reasonable conclusion that you have committed super-extreme DUI. If the prosecution lacks admissible evidence of DUI, the case must be dismissed.

Failure to Read Your Rights

Police must read you your Miranda rights if you are detained against your will, which is the case in any DUI traffic stop (your request to leave will be denied until the investigation is concluded). If officers obtain evidence without reading your Miranda rights, it must be suppressed in court.

You Did Not Have “Actual Physical Control” of a Vehicle

Imagine you were sleeping off a few drinks in your switched off vehicle, intending to drive only after you became sober. Obviously, you are not driving under the influence, but that may not stop overzealous police and prosecutors from arguing that you were in actual physical control of the vehicle and are therefore guilty.

Your attorney can argue that you were not in actual physical control of the vehicle because you were not driving, you were resting and doing the responsible thing. If you were not in actual physical control of the vehicle, your case must be dismissed.

By asserting defenses aggressively, your defense attorney can force bad DUI cases out of court. In addition, an aggressive defense establishes leverage in plea negotiations, which often convinces prosecutors to agree to a deal that reduces a super-extreme DUI to an extreme DUI, regular DUI or even reckless driving. Such plea deals allow offenders to avoid jail time and saves them tens of thousands of dollars.

f you have been charged with super-extreme DUI, do not despair because of the terrible penalties. By hiring an aggressive defense attorney, you give yourself options that help you avoid crippling criminal justice debt and incarceration.