Extreme DUI

by | Nov 11, 2021

Extreme DUI with BAC .15 or more, but less than .20

If your BAC is .15 or more, but less than .20 within two hours of driving or being in physical control of a vehicle, you could be charged with an Extreme DUI.

The language of the law is:

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.15 or more but less than 0.20.

A.R.S. 28-1382(A)(1)

The consequences for an Extreme DUI are much more severe than for a standard DUI. For example, while a driver may only end up doing a single day in jail for a standard DUI, a driver convicted of an Extreme DUI is going to serve a minimum of 30 consecutive days in jail.

Possible Penalties for a First Offense Extreme DUI

  • Class 1 Misdemeanor Conviction
  • Not less than 30 consecutive days in jail. All but 9 days may be suspended. A class 1 misdemeanor carries the potential for up to 6 months of jail.
  • Fines and costs in excess of $5,000
  • 90 day license suspension. A restricted license is available after 30 days.
  • May be ordered to perform community service (restitution)
  • Installation of an ignition interlock device for 12 months or more
  • Alcohol or drug screening
  • SR-22 Insurance Certificate requirement for 3 years.

Additional Penalties for a Second Offense Extreme DUI

If a driver had a prior DUI of any kind, or even a BUI, in the prior 7 years, they face additional penalties including:

  • Not less than 120 days in jail.
  • About $4,000 in additional fines (making the total fines about $9,000).
  • At least a 1-year license suspension (may be able to get a restricted license after 45 days).
  • At least 30 hours of community service

Extreme DUI with BAC of .20 or more (a.k.a. Super Extreme DUI)

If your BAC is .20 or more within two hours of driving or being in physical control of a vehicle, you could be charged with an Extreme DUI of .20 or more, also known as a Super Extreme DUI.

The language of the law is:

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.20 or more.

 A.R.S. 28-1382(A)(2) 

The consequences for a Super Extreme DUI are much more severe than for a standard DUI. For example, while a driver may only end up doing a single day in jail for a standard DUI, a driver convicted of a Super Extreme DUI is going to serve a minimum of 45 consecutive days in jail.

Possible Penalties for a Super Extreme DUI

  • Class 1 Misdemeanor Conviction
  • Not less than 45 consecutive days in jail. All but 14 days may be suspended. A class 1 misdemeanor carries the potential for up to 6 months of jail.
  • Fines and costs in excess of $7,000
  • 90 day license suspension. A restricted license is available after 30 days.
  • May be ordered to perform community service (restitution)
  • Installation of an ignition interlock device for 12 months or more
  • Alcohol or drug screening
  • SR-22 Insurance Certificate requirement for 3 years.

Additional Penalties for a Second Offense Super Extreme DUI

If a driver had a prior DUI of any kind, or even a BUI, in the prior 7 years, they face additional penalties including:

  • Not less than 180 days in jail. Home detention may be possible for a portion of this.
  • About $5,000 in additional fines (making the total fines about $12,000).
  • At least a 1-year license suspension (may be able to get a restricted license after 45 days).
  • Installation of an ignition interlock device for 2 years.
  • At least 30 hours of community service

DUI Related Blog Posts

Admin Per Se or Implied Consent Affidavit – 2023 Update

When a driver is ticketed for a DUI, the police will often, but not always, serve an admin per se/implied consent affidavit like that shown above on the driver. There are two types of  license suspension that can result from this affidavit, an admin per se suspension, or an implied consent suspension.