Super Extreme DUI

SUPER-EXTREME DUI

Alcohol Concentration of .200 or Greater

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Blood Alcohol Content Above .200 in Phoenix? We Can Help.

PROVEN DUI ATTORNEY IN PHOENIX and scottsdale AZ

There is actually no Arizona DUI statute that uses the term “super-extreme.” It is just an informal name that has been widely adopted. Super-Extreme DUI doesn't really exist.

What It's Not

Perhaps its nickname is responsible for several misperceptions about what happens if you’re convicted of this offense. While there are increased penalties:

It’s not a felony.

It does not necessarily mean months or even weeks of jail.

A first offense will not revoke your driver’s license. 

Arizona Super-Extreme DUI

What's So Super?

To be candid, not much. The word “Super” just somehow made its way into our legal lexicon. The offense of having an alcohol concentration of .200 (+) is merely a subsection of Arizona’s Extreme DUI statute (A.R.S. 28-1382). The only things super about the offense are some of the penalties. But should they be?

When you really think about it, does it make sense to increase punishment based on an alcohol concentration? Maybe if you could really know a person’s true concentration. However, that’s not possible.

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You Can't Really Know

Determining the amount of alcohol in a person’s blood or breath requires the process of measurement. By its very definition, a measurement is merely an estimation. Some are better than others. 

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Things You Should Know About Phoenix Super-Extreme DUI Cases

  • Timing of Blood Draw

    As I explained in the Extreme DUI section, the time an officer takes your blood or gives you a breath test can significantly change the result.  It’s hard to find justice in punishments that could radically change based upon when a test is given.

  • Unreliable Crime Laboratories

    Second, the last decade has revealed the systematic problems in Arizona’s crime labs.  The Scottsdale Crime Lab used software that was known to have assigned the wrong result – to the wrong person – for years.  The Arizona Department of Public Safety’s Crime laboratory failed to realize that they used the wrong calibrator during blood tests for almost an entire year. And the list goes on.  


    If law enforcement can’t be relied upon to create valid measurements then maybe we shouldn’t be punishing people for results they call “super.” 

  • The Super-Extreme DUI Law

    The law can be found in the same statute as Arizona’s Extreme DUI law.  A.R.S. 28-1382 is titled “Driving or actual physical control while under the extreme influence of intoxicating liquor.” It provides that it is unlawful for a person to:


    • Drive or be in actual physical control of a vehicle;
    • If the person has an alcohol concentration as follows within two hours of driving; and
    • the alcohol concentration results from alcohol consumed either before or while driving the vehicle:

    0.15 or more but less than 0.20.


    0.20 or more.

  • Misdemeanor or Felony

    Despite its ominous name, a super-extreme DUI is a misdemeanor in Arizona.  A common misconception is that if a person’s alcohol concentration is high enough then the case can become a felony – this is not true!


    That being said, it is possible for a super-extreme DUI to become a felony due to reasons that have nothing to with the result of blood or breath test.  However, those are the same factors that could make any DUI into a felony (Aggravated DUI).

  • Penalties for Super-Extreme DUI

    The penalties for a Super-Extreme DUI conviction included:


    • Jail / Home Detention
    • Fines
    • An Alcohol Screening / Treatment 
    • Driver’s License Suspension
    • Ignition Interlock 
  • Home Detention

    Arizona’s adoption of a limited form of home detention (e.g. house arrest) many years ago significantly reduced jail sentences for people convicted of Super-Extreme DUI. However, there was a flaw in the program – it did not apply to DUI cases in Justice Courts.  However, that recently changed.  Read more about Home Dentention Approved for Maricopa County in DUI Cases. 

HOME DETENTION: APPROVED FOR MARICOPA COUNTY IN DUI CASES
Misdemeanor DUI Penalties in Phoenix & Scottsdale

"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. 

This is a prosecutor's worst nightmare, and it should be that way if you need an attorney."

- David E.

Real Client's Husband, Phoenix, AZ

Hiring an Experienced DUI/DWI Attorney in Phoenix

Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.


An attorney cannot do anything for you unless he or she has extensive experience in these areas.  Police officers are only human and do commit legal errors.  However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.


You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.


An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.

For more information, call our office at (602) 494-3444 or visit our contact page.
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What Real People Are Saying

That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.

Real Client's Husband, Phoenix, AZ

"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. 

This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."

 - David E.

REAL CLIENT, PHOENIX, AZ

It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond."

 - Joe C.

Contact Us Today!

For more information, call our office at (602) 494-3444 or fill out the form and we will get back to you.

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Arizona DUI Blog

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Measuring is different from counting. However, in forensic science the two are often suggested to be the same. This needs to change. MEASURING Measuring is the assignment of a number, and all the uncertainties of that of that number, to something.  The purpose of assigning a number is to give meaning to the object measured. […] The post Measuring and Counting | Forensic Science appeared first on Lawrence Koplow: Arizona DUI Attorney | Phoenix & Scottsdale.
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