According to the (NHTSA) National Highway Traffic Safety Association statistics, an average of 12,000 people die every year in DUI-related accidents. An average of 900,000 people are arrested each year for DUI/DWI, and a full 1/3 of those are repeat offenders. While the National average has dropped by half over the past 35 years, there is still an ongoing problem with drinking and driving.

Drunk driving happens when a person is driving an automobile after consuming alcoholic beverages to the point that their ability to operate a motor vehicle is impaired. The jury must be convinced beyond a reasonable doubt that the person’s blood alcohol content (BAC) exceeded a certain amount to find a person guilty of DUI. In most states, the legal limit is .08 (or 8 percent).

Primary dangers of drinking and driving

Car accidents are the leading danger when you drink and drive. Consuming too much alcohol will impair your ability to use your common sense and think long-term. It results in:

• Impaired vision and loss of judgment and alertness
• Reduced muscle coordination and impaired perception make it harder to detect and react to dangerous and emergency driving situations.
• Slowed mental processing ability results in a substantial inability to control the vehicle, maintain lane position, and brake appropriately.

When you decide to get into a car after having too much to drink, you not only put yourself in danger, but you jeopardizing the safety of everyone else on the road. When someone is severely injured or killed due to one person’s choice to Drive under the Influence, the impact is monumental.

The victim may be left permanently disfigured, paralyzed, unable to talk or feed themselves, brain-injured, etc. That victim may require constant care for the remainder of their lives. The victim’s family may be left grieving the loss of a wife, husband, son, or daughter and could be left with no breadwinner to provide for their needs.

Why are there still so many DUI offenders? 

• Many states have laws so weak that a drunk driving conviction often results in just a license suspension or minimal jail time no matter how many times the driver has been arrested.
• Sobriety Test refusals are a significant problem for the criminal justice system in confronting and identifying drunk drivers. Many DUI suspects refuse to answer questions, perform standardized field sobriety tests (SFSTs), or provide breath samples. BAC test refusals are common with repeat offenders, primarily because they know they will test well above the legal limit. Moreover, these offenders are aware that BAC test refusal deprives the court of the most critical evidence needed to secure an impaired driving conviction.
• Penalties don’t always deter drunk drivers. Heavy drinkers don’t appear to be deterred by hefty fines, jail, or prison sentences for alcohol offenses. 

States have increased Prevention Efforts to stop DUI Offenders.

Many states have taken steps to prevent or reduce drunk driving behavior, such as punishment through stricter legislation and harsher consequences to penalize intoxicated drivers.

• Harsh Penalties for BAC test refusal
  All states have laws prohibiting motorists from operating a motor vehicle with a blood alcohol concentration (BAC) exceeding a specified level. The BAC is typically determined through a direct analysis of a blood sample or by using a Breathalyzer machine to measure the alcohol in a person’s breath. All states have implied consent laws, which require drivers to submit to BAC tests. Most states impose a misdemeanor penalty of a suspended driver’s license for refusing a BAC test. Some states, such as Minnesota and North Dakota, have increased the punishment and made it a crime to refuse BAC testing.
• License restrictions
  Under Arizona law, if you are pulled over and the officer asks you to take a blood, urine, or breath test, you must comply. In Arizona, you automatically consent to blood-alcohol content testing whenever you apply for and acquire the right to operate a vehicle. The “implied consent” rule in A.R.S. § 28-1321 states that when a law enforcement officer suspects you of DUI and you refuse to permit them to conduct a BAC test, you will be required to surrender your license, and it will automatically be suspended.
• Ignition interlocks
  Many states, including Arizona, mandate ignition interlock devices on vehicles if a driver has been convicted of a SUI that registered a blood-alcohol level of 0.15 percent. An ignition interlock device  or IID is a breathalyzer machine installed in your car to continuously monitor your blood alcohol level. The IID remains in your vehicle for the entire period Arizona requires.
  
  To drive under a restricted license, you must submit a breath test every time you get into your car. If your BAC is under the state limit, the device will allow you to start your vehicle. The installation of IIDsis shown to reduce rearrest rates by about 64 percent.  
• Continuous alcohol monitoring technology (CAM) is designed to monitor alcohol consumption among offenders, and it is a common sanction applied to drunk drivers. The CAM device is usually an ankle bracelet that monitors and measures alcohol consumption 24 hours a day, seven days per week. Thus, it allows courts or other supervisory authorities to determine whether offenders are compliant with abstinence orders.

In Arizona,  any person driving or in physical control of a vehicle while intoxicated by alcohol or drugs is breaking the law. Arizona Revised Statutes Section 28-1381(A) states that being “under the influence” means being “impaired to the slightest degree.”

The alcohol content level found in your blood will increase the fines, jail time, and other penalties if you are convicted of DUI. Arizona recognizes three levels of blood-alcohol content and assigns penalties accordingly.

1. Basic DUI: A “basic” DUI is where your blood alcohol content is between 0.08% and 0.14%.
2. Extreme DUI: An “extreme” DUI offense is if you are caught driving with a BAC of 0.15% or higher.
3. Super Extreme DUI: A “Super extreme” DUI offense is if you are caught driving with a BAC above 0.20%. This level is the highest-level DUI charge in Arizona. Driving with a BAC of 0.30% or 0.40% would still be considered a “super extreme DUI” and are still misdemeanor charges.

Penalties for Super Extreme DUI in Arizona

• A person’s first Super Extreme DUI requires the offender to pay a $3,250 fine along with other fees and jail costs. The offender must serve a six-month jail term, and driving privileges are suspended for at least one year. An IID will be installed and remain in place for two years.
• After any previous DUI conviction, a Second Super Extreme DUI conviction, carries a $3,750 fine along with other fees and jail costs. The offender must serve six months in jail, and their driving privileges are suspended for at least one year. AN IID will be installed and remain in their vehicle for 24 months.

Call an Experienced Arizona Criminal Defense Lawyer

A Super Extreme DUI charge is not something you should handle by yourself. You will want to speak with an Arizona criminal defense attorney experienced in DUI law. An experienced attorney has the knowledge, training, and experience to investigate the circumstances of your arrest, ensure your rights are protected, and defend you against charges of drunk driving. Schedule a free consultation today.