It was reported in the media that his Blood Alcohol Content (BAC) level exceeded the Super Extreme limit which is 0.20%. The suspect allegedly admitted to being under the influence of prescription drugs. The Judge was not at his bench on Monday, and the court reported that was allegedly assigned to non-judicial duties due to a personal matter.

In Arizona it is illegal to drive “Impaired to the Slightest Degree” due to alcohol or drugs. Prescription drugs, especially for pain, often have adverse impacts on driving. When drugs and alcohol are combined, they can prove to be particularly impairing on a motorist’s ability to drive.

A mistake in judgment can easily result in a criminal offense. A DUI conviction can result in harsh criminal penalties including jail, driver’s license suspension, and other civil penalties, as well as other consequences. If you will be driving in Arizona, you should understand the side effects of any drugs you take; and be familiar with Arizona DUI laws and consequences of a conviction.

Arizona Drug DUI Laws

A.R.S. 28-1381. (A). Under Arizona law it is illegal to drive or be in actual physical control of a vehicle, “impaired to the slightest degree”, while under the influence of:

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:
  • 10 days jail;
  • Fines, fees, costs of $1,200.00
  • Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
  • Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
  • Suspension of Driver’s License for 90 days;
  • Probation and/or
  • Community Service

Super Extreme DUI laws in Arizona

A.R.S. 28-1381. (A)(2)(B). A motorist driving with an Alcohol BAC of 0.20 or more will be found guilty of Super Extreme DUI. A super Extreme DUI is a Class 1 Misdemeanor; If a person is found to be driving with a BAC of 0.20 they will also be cited with “Impaired to the Slightest Degree”; 0.08% BAC DUI; 015% or more Extreme DUI and 0.20% Super Extreme DUI for up to 4 citations in one stop.

Penalties for a first offense Super Extreme DUI include

• 45 days in jail; • Fines, fees, costs of $2,500.00
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 18 months;
• Suspension of Driver’s License for at least 90 days;
• Probation and/or
• Community Service

Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

Penalties for DUI if convicted will usually result in other life altering consequences such as termination or suspension of job. It is important to consult an experienced criminal defense attorney before going to court to discuss your matter, and options for defense. The penalties for any DUI in Arizona are some of the toughest in the country. You should never plead “Guilty” without being represented by an effective criminal defense lawyer. There may be defenses you are not aware of, that can lead to a dismissal, reduction or charges, or a reduction of harsh penalties. They will guide you through all phases of the criminal justice process; protect your rights; defend your charges; and work to get the most favorable resolution to your case.

Additional Resources:

• Drug DUI and Super Extreme DUI laws

• Gilbert AZ Police Department

• Alcohol/Substance Abuse Counseling and Treatment Providers

• Arizona Department of Health Services – Behavior Health Resource Links

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The phrase “Super Extreme” relative to “DUI” refers to the level or amount of Alcohol Blood Alcohol Content (BAC) found in a person’s system. “Felony” refers to the Classification of criminal charges as in the difference between Misdemeanor and Felony crimes.

Differences between Misdemeanor and Felony DUI charges

First we will discuss the main differences between Misdemeanor DUI and Felony DUI classifications. A majority of DUI charges are classified as Misdemeanors. A Misdemeanor DUI offense will be raised to Felony charges when certain aggravated factors are presents. For this reason, Felony DUI charges are also referred to as “Aggravated”. The penalties for felony DUI charges are more severe than misdemeanor. Convictions will expose a person to prison term, larger fines, fees, and assessments; and driver’s license will be indefinitely revoked.

Aggravated Factors – Felony DUI Charges

Under Arizona law A.R.S. §28-1383 (A) (1), (2), & (3) three aggravating factors that will cause an Arizona Misdemeanor DUI to be elevated to Felony DUI charges.

(1) DUI charge while driving on a suspended, restricted or revoked driver’s license; (2) Third DUI charge within 7 years and you have two prior DUI convictions that occurred during the last 7 years:

(3) DUI DWI and a child under 15 years of age was a passenger in the vehicle you were driving

Super Extreme DUI Blood Alcohol Content (BAC) in Arizona:

The terms “Extreme” or “Super Extreme” refer to the motorist Blood Alcohol Content (BAC) level found in a person’s system.

The legal limit for alcohol in Arizona is 0.08%. If a person exceeds 0.15% they are considered to be Extreme DU; if a BAC exceeds 0.20% or greater they will be charged with Super Extreme DUI – DWI offense.

In Arizona a person can also be charged with DUI for being “Impaired to the Slightest Degree” even if their BAC is below 0.08%, or if they are impaired due to drugs and alcohol, or drugs alone.

Penalties for Felony DUI Super Extreme BAC Convictions:

• Mandatory Prison – 4 months minimum or more;
• 3 year Driver’s License Revocation;
• Participation in Mandatory Alcohol counseling or treatment program;
• Minimum of 30 hours in Community Service;
• Ignition Interlock device on vehicle – current statutory requirements;
• Fines, court fees, prison assessments and fees exceeding $4,000.00.

Tempe AZ Super Extreme Aggravated DUI Lawyer for defense

Felony DUI charges with Super Extreme BAC are very serious. Your future and freedom are at stake. A Felony DUI conviction will leave you with a felon criminal record, prison terms, and have lasting adverse impacts on your life. You should always consult an experienced criminal defense attorney in the jurisdiction where you were arrested or received charges. They will discuss your matter and provide you options for defense. There may be defenses you are not aware of that may lead to a favorable resolution of your charges. If retained, a criminal defense attorney will protect your rights, defend your charges, and pursue the best possible outcome in your case.

Additional Resources:

• Arizona State Legislature = Aggravated DUI Laws
• Arizona State Legislature – Extreme DUI Laws.
• Arizona Governor’s Office of Highway Safety (azgohs.gov) Super Extreme DUI Sentencing
• Arizona Department of Public Safety (azdps.gov)

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Consultation!

www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI & Criminal Defense Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ

“An Extreme DUI charge may be reduced or dismissed with a good AZ DUI lawyer“.

An AZ DUI charge will be escalated to an “Extreme DUI” charge when A DUI when the body’s Blood Alcohol Content (BAC) exceeds 0.15%. The levels are usually determined by a breathalyzer test or blood test. A BAC exceeds 0.20 is designated as a “Super Extreme” which carries even more severe penalties and incarceration time. If you have been charged with any kind of extreme DUI, it is critical that you consult the best Arizona DUI Attorney you can find. Make sure the AZ DUI Attorney is well versed and defends extreme DUI cases frequently in the jurisdiction, county, or court for which you have been assigned to appear.

The consequences of an AZ extreme DUI are devastating and among some of the most severe in the county. Arizona prosecutors want convictions. Know that just because you have been charged, does not mean you will be convicted. If you have been charged with an AZ extreme DUI first offense, here are your options:

A. Do nothing. Accept that you could potentially receive up to the max for first offense: 1) Minimum 30 days jail and up to 6 months, 2) vehicle impound 3) Ignition interlock device 4) Ninety days driver’s license suspension 5) Mandatory alcohol/drug counseling 6) Probation B. Ignore your court date, and fail to appear at the required date and time. This will result in an immediate warrant issued by the judge for your arrest.

C. Go to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is extremely risky and dangerous. The results can land you with the maximum penalties. The prosecutors know the protocol, the evidence, how to argue your case, how to get you to incriminate yourself, how to make their case stronger, and will ignore any weaknesses or flaws in your case. You will most likely end up with the results in option A. above.

D. Hire the best AZ criminal defense or AZ DUI Attorney you can find to fight for you and defend your case. Hire an experienced AZ DUI lawyer to defend your Arizona DUI charges. A good DUI attorney will fight to get your charges completely dismissed, reduced, or in the least a much better outcome in your case. There are many defenses that can be used, and evidentiary issues that can be challenged to accomplish this.

A good AZ DUI Attorney will examine evidence or lack thereof; determine if there were any violations of your constitutional rights, reason for the DUI stop, probable cause for your arrest, handling of all evidence, crime lab methods of testing, proper implementation of field sobriety tests, reliability of testing, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated or the evidence challenged without a good private practice Arizona Criminal Defense or DUI attorney. A good private practice DUI Lawyer may be able to challenge such issues to suppress evidence, get your case dismissed, a “not guilty”, or a reduction of your AZ DUI charges. Option D. gives you the greatest chance at freedom and a new start without devastation of an AZ DUI conviction.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Arizona , Arizona , and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.