Alcohol concentration level of at least .150 and below .200.
Looking closely at this offense begs the question:
What’s so extreme?
What’s so extreme about this offense compared to a standard DUI? The answer is not what you might think.
A more accurate label would probably be “hyperbole” DUI. However, extreme DUI sounds much better. It rolls off the tongue more easily.
This example illustrates:
Imagine that John and Fred have identical circumstances. They drank the same amount of alcohol. Their bodies process alcohol in the same exact way. They both get arrested for DUI 10 minutes after they left each other at the bar.
However, there is one significant difference between their cases. Something that has nothing to do with the choices either man made: the time of the blood draw.
“…I found Lawrence through my family…My family said he was good but how would they actually know? It turns out I hit the lawyer lottery.”
Real Client, Phoenix, AZ
This makes no sense:
In John’s case, the officer was able to draw his blood within 30 minutes of the stop. His test result showed an alcohol concentration of .180.
However, the officer in Fred’s case wasn’t able to draw his blood until over an hour after the stop. This is a common occurrence. In most cases, the time an officer is able to get a blood sample or give a breath test will vary depending on the circumstances.
Here’s the kicker.
If you switched the time of the blood draws then the test results would also switch. Consequently, John would no longer be charged with Extreme DUI…and now, Fred is an “extreme” DUI.
How is that justice?
Is one person’s case really more “extreme” than the other?
Arizona Extreme DUI
Frequently Asked Questions
No. The fact that a person’s alcohol concentration exceeds a .150 does notmake this offense into a felony.
Oh yes. Check out my entire section devoted exclusively to DUI and vehicular crimes defenses. LET’S GO.
Penalties for being convicted of an Extreme DUI charge can include:
- Driver License Suspension
- Incarceration (a term of jail)
- Installation of an Ignition Interlock Device
- Substance abuse screening and recommended treatment
The minimum jail term, if convicted, for Extreme DUI is 30 days. However, that does not necessarily mean a person with a BAC of .150 or above will actually serve 30 days in jail. The specific circumstances and the tactical actions of an attorney may be able to change the outcome. The jurisdiction which the crime occurs may also play a role in the ability to get a case dismissed or reduce a penalty. For example, the strategy in defending Phoenix DUI cases and Scottsdale DUI cases may drastically differ because of the different approaches that each of these cities prosecutes DUI cases.
Yes. There are several circumstances where an extreme DUI can be reduced.
However, before asking that, the proper question to start with is: can they prove it? It’s only after that question is addressed should you move on a “better deal.”
If a person, has prior DUI conviction within the seven (7) years then the minimum penalty under Arizona law becomes 120 days jail. Moreover, if the person’s BAC is .200 or greater that is considered another category of DUI. It is commonly named: Super Extreme DUI.