Extreme DUI Attorneys in Phoenix, Arizona

Arizona has some of the toughest driving under the influence (DUI) laws in the nation, but not all charges for drunk driving are the same. Depending on the level of impairment and other circumstances, the state recognizes three types of DUI offenses: regular, extreme, and super extreme.  

If you were arrested after testing at or above a .15% blood alcohol concentration (BAC), your DUI charges will be classified as “extreme.” The penalties associated with extreme DUI can be quite extreme, too.

While this charge is still a misdemeanor, the consequences of a conviction can be burdensome and will follow you for the rest of your life. Sounds like something you’d rather avoid? Then do not hesitate to contact our extreme DUI attorneys in Phoenix, Arizona, and discuss your defense options.  

At Faussette & Faussette PLLC, we understand the serious nature of extreme DUI charges and know that what you’re going through right now is a terrifying experience. With our attorneys by your side, you will have a tireless advocate and a trusted ally who can help guide you through the entire ordeal until your life gets back to normal.  

What Is Considered an Extreme DUI in Arizona?

In Arizona, a standard DUI involves a driver whose blood alcohol concentration is at .08% or higher. While .08% is the legal threshold for operating a vehicle while intoxicated, the state also recognizes varying levels of DUI charges based on the level of impairment.

Under Arizona Revised Statutes § 28-1382(A)(1), drivers can face “extreme DUI” charges if they operate a vehicle with a BAC at or above .15% but under .20%.  

To determine the level of impairment, a BAC measures the amount of alcohol in an individual’s bloodstream as the mass of alcohol (in grams) per volume of blood (100 milliliters). For breath tests, a BAC measures grams of alcohol per 210 liters of breath.

To convict a person of extreme DUI in Arizona, the prosecution must prove that the person’s BAC reached the level of .15% within two hours of operating a motor vehicle. If the person’s BAC shows .20% or higher, the charges can be elevated to a “super extreme DUI” with for more serious penalties. 

According to a publication by the University of Arizona, one standard drink (12 oz. of beer or 4 oz. of wine) consumed by a 180-pound man or 140-pound woman raises their BAC .020% or .032%, respectively. In other words, it would take a man a little more than eight drinks and a woman just five drinks to reach .15% and face extreme DUI charges.

Penalties for Extreme DUI in Arizona

When a person is convicted of an extreme DUI, they will face mandatory jail time. The severity of punishment depends on whether it’s the first or subsequent offense. The first offense carries the following penalties: 

• Up to six months in jail (a minimum mandatory sentence is 30 days) 

• A suspension of the driver’s license for 90 days 

• At least $2,500 in court fines and fees  

• Substance abuse counseling 

• Installation of an ignition interlock device (IID) for 12 months 

• High-risk insurance policy (SR-22) 

If the person has at least one prior extreme DUI conviction within the last seven years, the penalties automatically become more severe:  

• The minimum mandatory jail sentence increases from 30 to 60 days 

• Court fines and fees increase to at least $3,000 

• A suspension of the driver’s license is one year instead of 90 days 

• There is mandatory drug and alcohol screening plus the requirement to install an ignition interlock device 

However, the penalties for an extreme DUI conviction extend beyond these immediate penalties. The person convicted of this offense may also face long-term implications, as a record of the conviction can affect their personal and professional life for years.

When so much is at stake, the worst thing you can do is to give up and accept your guilt or face the court without legal representation. Our Phoenix extreme DUI attorney at Faussette & Faussette PLLC, can help you confront the criminal justice system and will work diligently to minimize the penalties or get the charges dismissed.  

Defenses to Extreme DUI Charges in Arizona

Just because you were charged with extreme DUI doesn’t mean you will be convicted. The prosecutor must still prove beyond a reasonable doubt that:  

1. You were driving or had actual physical control of the vehicle

2. Your BAC level showed no less than .15% but no more than .20% within two hours of driving or being in actual physical control of the vehicle

At Faussette & Faussette PLLC, our attorneys have over 20 years of experience defending clients against drunk driving charges. Some of the defense strategies that we have used to secure favorable outcomes for clients in extreme DUI cases include: 

• Arguing the police illegally stopped the client 

• Challenging probable cause for the client’s arrest 

• Attacking the results of the test that showed the client’s BAC was .15% or higher 

• Demonstrating the prosecution’s lack of evidence that the client was driving or in actual physical control of the vehicle 

These are just some of the tried-and-tested strategies that we use to help our clients avoid an extreme DUI conviction or, at the very least, minimize the penalties or get the charges reduced to a lesser offense.