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Phoenix Extreme DUI Lawyer

The term of “extreme DUI” is used then the defendant’s blood alcohol content was tested and found to be of .15 or greater within two hours of being in physical control of a vehicle or driving, due to alcohol previously consumed. Conviction of an “extreme DUI” usually results in a class 1 misdemeanor. the penalties for such a conviction can include probation, up to a six-month jail sentence, and a fine of no more than $2,500. If you find yourself facing an extreme DUI charge, it’s imperative that you speak with a Phoenix DUI lawyer today. The team at Stone Rose Law will begin working at once to protect your legal rights and future.

Difference Between Extreme DUI and Regular DUI

What separates an a “regular” and “extreme” DUI is high blood alcohol content of a suspect in an extreme DUI case. Extreme DUIs necesitate harsher mandatory minimum sentencing, since the suspect is significantly impaired and may be a risk to those around them. The sentence for a conviction involves more substantial monetary fines, longer jail time, an extended interlock requirement, and a more robust counseling component. You should also be aware that if you find yourself facing extreme DUI charges, it is almost certain that you will simultaneously face DUI charges. This is because a regular DUI is legally considered a lesser included offense of extreme DUI.

Penalties for Extreme DUI in Phoenix, AZ

First time extreme DUI (BAC .15+) mandatory minimum criminal penalties are:

  • 30 days jail. However, you may be able to suspend up to 21 days by using an interlock device for a twelve-month period. 20% of the remaining 9 days must be served in an actual jail, while the remainder can be served on home detention if you are eligible
  • $250 DUI Abatement Fund Fee
  • $250 base fine plus surcharge
  • $1,000 DPS Equipment Fund assessment
  • $1,000 Prison Construction Fund assessment
  • 1-year interlock requirement
  • Substance abuse screening and counseling
  • 8 points against your driver’s license
  • 90-day suspension of driving privileges. You will be barred from driving the first 30 days and operating on a restricted license for the remaining 60 if eligible (Note: if you are suspended pursuant to Arizona’s Admin Per Se statute prior to being convicted you will not face this suspension)
  • SR22 (Note: Only required if your driving privileges have not been suspended per Arizona’s Admin Per Se law prior to the entry of a DUI conviction)

The mandatory minimum criminal penalties for second offense extreme DUI (BAC .15 +):

  • 120 days jail. Home detention may be an option for eligible individuals after 20% of the sentence is served. 60 days must be consecutively served.
  • 30 hours of community service
  • $250 DUI Abatement Fund Fee
  • $500 base fine plus surcharge
  • $1250 DPS Equipment Fund Assessment
  • $1250 Prison Construction Fund Assessment
  • Substance abuse screening and counseling
  • 12-month interlock requirement following reinstatement of driving privileges
  • 1-year revocation of driving privileges (Special Ignition Interlock Restricted Driver’s License may be available to eligible individuals after the first 45 days of the revocation period)

Defending Against Extreme DUI Charges in Arizona

There are a number of defenses available for every unique DUI case. Speak with a knowledgeable Phoenix extreme DUI lawyer to review your legal strategy. Some defenses ideally defeat all aspects of the DUI charges you’re currently facing, whereas others may specifically take aim at the allegation of extreme DUI. In defense of the former scenario, your attorney may attempt to show that you were not in physical control of or driving a vehicle. They may also challenge the test used by the state to measure their client’s blood alcohol content. Such an attack may center on problems with the procedure used during the test, person who performed the BAC test, or the equipment used.

Other defenses may involve evidence that the blood alcohol content was not the defendant’s or the results were from alcohol consumed after driving. These defenses are not necessarily mutually exclusive and a skilled defense attorney will likely attack the DUI charges on multiple fronts. We’re happy to discuss the additional tactics that may apply depending on your case. Contact our experienced criminal defense lawyer in Phoenix to assist you.

Schedule a Free Consultation With a Phoenix Extreme DUI Attorney

If you have been charged or arrested due to an Extreme DUI in Arizona, contact Stone Rose Law today to speak with a Phoenix extreme DUI lawyer regarding your case. Call (480) 498-8998 or contact our firm online to schedule your free case evaluation.