Arizona is one of the few states that has a law referred to as the “Super Extreme DUI” law. A DUI is considered “Super Extreme” if a person’s BAC is measured at .20 or higher. The crime is still filed as a misdemeanor, but the minimum jail time is longer than most first time felony charges. Here are five important things to know about this law:
1. If charged with a Super Extreme DUI, you are required to have an Ignition Interlock Device for an extended period of time. For a first time regular DUI, you must have it for a minimum of one year. In the case of a Super Extreme DUI, the minimum period for the device if 18 months.
2. You will also be required to serve a jail sentence that is longer than if charged with a regular DUI, which is one day. In the case of an extreme DUI, you must serve a minimum of 30 days in jail. If charged with a Super Extreme DUI, you face a minimum jail term of 45 days.
3. If charged with a Super Extreme DUI, you will become more visible. The Maricopa County Attorneys’ Office has a website that posts booking photos of DUI offenders. While they do not provide explicit details of how they choose who they post pictures of, we do know that they focus on people alleged to have higher blood alcohol test results (i.e. “Super Extreme DUI” and “Extreme DUI.”)
4. If you are an out of state offender, you will likely be required to go to trial. If you live out of state, it will be very difficult for you to take plea offer. . Many prosecuting offices offer long periods of jail for these cases. It is not uncommon for them to offer the same amount of jail the person may get if they went to trial and lost. If you are an Arizona resident, you may have a chance at maintaining your employment by seeking work release or home detention, but the chances are slim. For out of state residents, this isn’t necessarily an option. They may be able to go to jail out of state, but there are very few states outside of Arizona that would let them serve the required sentence period in a state jail, which would be about 30-45 days.
5. Being charged with a Super Extreme DUI doesn’t necessarily mean you will be convicted of one. Prosecutors may offer extended periods of jail on these cases, but it doesn’t mean that it is absolutely impossible for your charges to get reduced or even dismissed. There are several factors that are examined, including how far above .20 your test result was, if there were any problems with the blood testing process, how bad the driving was prior to the traffic stop, and if there were any procedural or constitutional violations.
Arizona Super Extreme DUI convictions are very unique. The pentalties are increased and being charged with one can be quite the complicated process. For legal assistance, contact the Tucson DUI lawyers at Thrush Law Group. Visit us today at http://www.azduilaw.com for more information.