What is a Super Extreme DUI in Arizona?
Arizona, an already strict state when adjudicating DUI offenders, goes above normal sentences and suspensions when intoxication reaches .200. Dubbed the “Super Extreme DUI”, violators will experience losses in many ways both on, and off, the road.
Let’s dive into this enhancement to regular DUI charges which prosecutors can impose under certain circumstances.
The Super Extreme DUI
As stated, BAC must meet or exceed .200 in order for prosecutors to charge persons with Super Extreme DUI. While still charged in Arizona courts as a misdemeanor, first-time offenders will feel the sting as minimum jail sentences are much longer than normal or Extreme DUI charges.
Super extreme DUIs in Arizona are like receiving two regular DUIs at once. They become a felony after you’ve received your second one within several years of the first. More importantly are the accessory punishments one receives, which includes:
- Ignition interlock device. For an extended period.
- SR-22 may be mandatory
- Loss of driving-related job
The list could go on, but you get the gist.
Beating a Super Extreme DUI in Arizona
One need look only one direction if any hope of beating a Super Extreme DUI exists: their attorney. Indeed, it’ll take tons of work and probably an investment of time and money on your part. However, if you’re serious about your freedom, the attorney you retain will be serious about preserving it.
Let’s look at how one’s attorney may prepare your defense prior to announcing their intentions to take your case to trial or pleading out:
DUI Attorney Preparation
Proper concessions must be made before your attorney takes any case to court. Should your attorney have little interest in raising even what appears to be an ‘egregious’ argument against the DA, perhaps hiring somebody better would be your best alternative. In preparation of these defenses, numerous points – all viable for defendants’ cases – will be, or could be, raised.
While more in-depth points are deep within law books, here’s some you may attempt to apply to your specific situation, and bring to your DUI attorney’s attention.
- The last calibration date of the Breathalyzer and the margin of error reported.
- The number of arrests the arresting officer made for DUI in the last 12 months.
- The number of arrests that happened within 1 mile of the specific location of the arrest. This could coincide with entrapment if specific locations provide ‘officer coverage’ out of plain sight which, of course, is illegal.
- The number of arrests that occurred after the 20th of the month and what percentage of total monthly arrests that incurred which were DUI-related.
- How much time the officer spends each day at the specific location where the violation was detected. Perhaps there’s something which throws cars off just enough to merit officers pulling vehicles over, or hidden ‘speed traps’ are being set in busy locations.
- What if any quoted numbers exist is the officer’s share of revenue related to traffic violations and fines paid to the city? (This can be hard to imagine but this question can usually break most cases; save it for the end, though).
- How did the government determine that a 0.08 BAC level was sufficient to impair everyone? Based on diversity rulings handed down by the Supreme Court, there is no ‘one size fits all’ ruling for anything. Who is to say that, for example, my 0.10% reading leaves someone more impaired than another person’s 0.06% reading?
- The whole thing is a revenue scam perpetrated by the government. Ok, perhaps slightly outlandish, yet I’m sure some have tried raising this argument.
Just because some items don’t appear on this list, it doesn’t mean they’d be ruled inadmissible. Discussing case specific questions, defenses and other scenarios is best done with highly skilled, compassionate and dedicated DUI attorneys.
Click here for information on the definition of DUI in Arizona.