What is a Super Extreme DUI in Arizona? Penalties and Legal Consequences Explained
Arizona has strict laws for drivers who operate vehicles with high blood alcohol levels. When you are arrested for driving with a blood alcohol concentration (BAC) of 0.15% or higher, you face what the state calls an extreme DUI charge. This is different from a standard DUI, which applies to BAC levels of 0.08% or higher.
The state created these enhanced charges to impose tougher consequences on drivers who consume large amounts of alcohol before getting behind the wheel. Arizona Revised Statutes 28-1382 outlines the specific rules and penalties for these cases.
If your BAC measures between 0.15% and 0.19%, you will be charged with an extreme DUI. When your BAC reaches 0.20% or higher, the charge increases to a super extreme DUI. Both charges carry serious consequences that go beyond what you would face for a standard Arizona DUI.
Consequences You Face for High BAC Offenses
When you are arrested with a BAC of 0.15% or higher, two immediate actions take place. First, law enforcement will impound your vehicle for 30 days. You cannot retrieve your car during this time unless you request a special hearing with the police agency after the impound period ends.
Second, you face mandatory jail time that cannot be easily reduced. While a standard DUI may result in just one day of actual jail time after suspensions, extreme DUI penalties require much longer incarceration.
First Offense with BAC 0.15% to 0.19%
- Jail time ranging from 30 days to six months
- Probation lasting up to five years
- Fines starting at $1,500 or higher
- Required drug and alcohol screening
- License suspension for 90 days
- Mandatory ignition interlock device installation
- Attendance at traffic survival school
The 30-day minimum jail sentence is the key difference from standard charges. You may only reduce this time if the judge decides to allow it, and only after you prove you have installed an ignition interlock device on your vehicle.
Second or Subsequent Offense with BAC 0.15% to 0.19%
- Jail time between four months and six months
- Probation lasting up to five years
- Fines starting at $1,500 or higher
- Required drug and alcohol screening
- License suspension for one year
- Mandatory ignition interlock device installation
- Attendance at traffic survival school
A second extreme DUI brings much harsher penalties than the first. The minimum jail time increases significantly, and your license suspension period doubles.
Super Extreme DUI (BAC 0.20% or Higher)
When your BAC reaches 0.20% or above, you face super extreme charges under ARS 28-1382. This level means your blood alcohol was more than twice the legal limit.
For a first super extreme DUI, you face a minimum of 45 days in jail. This is 15 days more than the extreme level. Your vehicle will still be impounded for 30 days, and you must complete all the same requirements as an extreme DUI charge.
The penalties increase even more for a second offense. Like with extreme charges, the judge may only reduce your jail time after you install an ignition interlock device, and this reduction is entirely at the court's discretion.
Important Classification Details
Both extreme and super extreme DUI charges are Class 1 misdemeanors in Arizona. Many people incorrectly believe these are felony charges. While they remain misdemeanors under normal circumstances, they carry far more severe penalties than standard DUI charges.
The classification can change to a felony if aggravating factors are present, such as driving with a suspended license or having a child in the vehicle.
Vehicle Impound Rules
The 30-day vehicle impound applies to both extreme and super extreme cases. This happens immediately after your arrest when breath or blood test results confirm your BAC level. You are responsible for all impound fees and storage costs during this period.
License and Driving Restrictions
Your driving privileges will be suspended through the Motor Vehicle Division (MVD). The suspension period depends on whether this is your first or subsequent offense. After the suspension, you must install an ignition interlock device before you can legally drive again.
Given how serious these charges are, you need to understand your legal rights and possible defenses. The consequences affect your freedom, finances, and ability to drive. Each case has unique circumstances that may provide opportunities to challenge the charges or reduce the penalties.
Penalties for Super Extreme DUI in Arizona
A super extreme DUI charge applies when your blood alcohol concentration reaches 0.20% or higher within two hours of operating a vehicle. Arizona classifies this offense as a Class 1 misdemeanor.
Consequences You Face
The court will impose specific penalties based on whether this is your first offense or a repeat violation.
First Offense
You will face:
- Jail time ranging from 45 days to six months
- Minimum fine of $3,200
- Required drug and alcohol screening
- Suspension of your driver's license
- Mandatory ignition interlock device installation on your vehicle
Second or Later Offense
The penalties increase for repeat violations:
- Minimum jail sentence of six months
- Fine of at least $3,200
- Mandatory drug and alcohol screening
- License suspension
- Required ignition interlock device
The ignition interlock device prevents your vehicle from starting if it detects alcohol on your breath. You must pay for the installation and monthly monitoring of this equipment.
Your specific case details may result in different penalties than those listed above. Factors like prior criminal history or aggravating circumstances can affect your sentence.
Skilled Arizona DUI Defense Attorneys
Facing DUI charges in Arizona puts your driving privileges, job prospects, and freedom at risk. The Phoenix DUI Lawyer Law Offices works with clients throughout the state to navigate these serious charges. Our team handles cases involving actual physical control, phoenix extreme dui offenses, and other alcohol-related driving violations.
We review the details of your case and explain the legal options available to you. Your situation requires attention from an arizona dui defense attorney who knows state laws and court procedures. Our firm evaluates the evidence against you and builds a defense strategy aimed at protecting your rights.
You need legal representation that takes your case seriously from start to finish. We guide you through each step of the process and work toward the best possible resolution. Contact our office to schedule a consultation and discuss your defense options.
Working with experienced legal representation can make a significant difference in your case outcome. An attorney can challenge evidence, negotiate reduced charges, and fight to minimize penalties.
Contact Phoenix DUI Lawyer Attorneys at Law at (602) 900-9891 to discuss your situation. Our criminal law team provides strong defense strategies for DUI cases throughout Arizona.
