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Extreme DUI & Super Extreme DUI

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Extreme DUI and Super Extreme DUI in Arizona

In Arizona, being charged with driving under the influence can potentially wreak havoc on your life. While the penalties for even a first offense DUI are harsh, the potential consequences of an extreme or super extreme DUI in Arizona are even more severe.

If your blood alcohol concentration tests at 0.15% or higher within two hours of driving, you can be charged with one of these more serious DUI offenses.

Because of the potential penalties that you could face, you should talk to an experienced DUI defense lawyer at Colburn Hintze Maletta as soon as possible for help with defending against your charges.

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Arizona Extreme DUI Laws, Penalties & Defenses

What is an Extreme DUI in Arizona?

Under ARS 28-1382(A)(1), you can be charged with an extreme DUI if you have a BAC of 0.15% to 0.199% within two hours of when you drove. The penalties for an extreme DUI are more severe than for a regular DUI.

A first or second offense extreme DUI is still a misdemeanor. You can be charged with this offense if you are driving or have actual physical control of a vehicle and have a qualifying BAC within two hours of driving.

If your BAC tests at 0.20% or higher, the police officer will instead charge you with a Super Extreme DUI.

Harsh Penalties for an Extreme DUI

If you are convicted of an extreme DUI, your penalties will depend on certain aspects, such as your previous record. The penalties for repeat DUIs are more severe than for a first offense DUI.

If you have one or more prior DUIs within the last seven years, your penalties will be more severe. If certain aggravators are present, you could be charged with an aggravated felony DUI instead of a misdemeanor offense.

Being convicted of an extreme DUI as a first offense, you will face the following penalties:

  • Minimum jail sentence of 30 days up to a maximum of 180 days
  • More than $2,500 in fines plus jail costs
  • Mandatory substance abuse screening plus any recommended classes
  • Mandatory ignition interlock device installation for 12 months at your own expense
  • Community service
  • Minimum suspension of your driving privileges for 90 days
  • 8 points on your Arizona MVD Driving Record

The court can suspend 21 days of your minimum mandatory jail sentence at its discretion if you install an ignition interlock device in your vehicle for 12 months. However, a suspension will not be automatically granted.

Even if you do receive a suspension, you may still have to serve time in jail for at least 9 consecutive days. In some cases, you may be eligible to serve up to 7 out of the 9 remaining days on home detention.

For a second extreme DUI conviction within seven years, you will face the following penalties:

  • Jail for a minimum of 120 days up to 180 days with no suspension
  • Fines of more than $3,600 plus jail costs
  • Mandatory substance abuse screening and alcohol classes
  • Minimum 12-month ignition interlock device installed on your vehicle
  • At least 30 community service hours
  • Traffic Survival School
  • 12-month revocation of your driver’s license
  • 8 points on your Arizona MVD Driving Record
  • Up to 5 years of probation

It’s important to note that your prior conviction does not have to be for another extreme DUI in Arizona. You can be charged and convicted of a second offense if you have any prior type of DUI conviction within the past seven years, even an out-of-state prior DUI conviction.

If you are convicted of a third extreme DUI offense within seven years, the prosecutor can charge you with an aggravated DUI under ARS 28-1383. This is a felony and carries very severe penalties, including a mandatory minimum of 4 months of prison time.

Anyone facing an aggravated DUI charge should promptly schedule a free consultation with an experienced DUI defense lawyer at Colburn Hintze Maletta.

What is a Super Extreme DUI in Arizona?

Under ARS 28-1382(A)(2), you can be charged with a super extreme DUI if your blood alcohol concentration tests at 0.20% or higher within two hours of driving or being in actual physical control of your vehicle.

While a super extreme DUI is still a misdemeanor, it is the most serious misdemeanor DUI offense with which you can be charged in Arizona.

Super extreme DUI charges can come with very harsh penalties and expensive fines. For this reason, it is crucial that you give us a call.

Penalties for a Super Extreme DUI

For the first conviction of a super-extreme DUI, you will face the following penalties:

  • Minimum of 45 days in jail up to 180 days in jail
  • Fines of more than $3,100 plus jail costs
  • Mandatory community service
  • Substance abuse screening and alcohol classes
  • Ignition interlock device installation for 18 months
  • Up to 5 years of probation
  • 8 points on your driving record
  • Traffic Survival School
  • Minimum 90-day suspension of your license

For a second conviction within seven years, the minimum jail will increase to 180 days, the ignition interlock device will increase to 2 years, and the driver’s license suspension will increase to one year.

A third super extreme DUI offense within seven years would likely be charged as a felony.

Defending Charges for Extreme DUI or Super Extreme DUI in Arizona

While you might think it is impossible to defend against extreme or super-extreme DUI charges, that is not true. Your defense attorney will carefully review the facts of your case and implement the best possible defense strategy for you under the circumstances.

Some of the potential defenses that might be available include the following:

  • No reasonable suspicion for your stop
  • No probable cause for your arrest
  • Improperly administered field sobriety tests
  • Inaccurate breath or blood tests
  • Violation of your right to counsel
  • Violation of your right to an independent blood test
  • Chain of custody problems

Unless you were stopped at a DUI checkpoint, the police officer must have had reasonable suspicion to stop your car. An officer might have reasonable suspicion to support your stop if you committed a traffic violation or if the officer suspected you of committing another crime.

However, an officer may not stop someone based on an inarticulable hunch. For example, if you did not commit any traffic violations and were simply pulled over by the officer because of the time of night or your proximity to a bar district, that is not enough for reasonable suspicion to stop your vehicle.

Our attorneys review dash camera footage, body camera footage, and police patrol car GPS data to challenge the legitimacy of a stop. If you were pulled over without reasonable suspicion, your attorney can file a motion to challenge your stop and potentially win a dismissal of the charges against you.

Police officers also must have probable cause to believe you have committed a crime before they can arrest you. During a DUI stop, the officer will observe you and will likely ask you to perform Standardized Field Sobriety Tests(SFSTs). The officer’s observations and the SFSTs are meant to help the officer develop probable cause.

If you refused to perform the SFSTs, and the officer otherwise appears to have lacked probable cause, your attorney can challenge your arrest, and any evidence gathered afterward, including your breath or blood test results. If the breath or blood test results are thrown out, the prosecutor might offer a plea to a lesser charge or dismiss the case against you.

You are not required to agree to perform the SFSTs. However, if you did perform them, the officer should have administered the tests in accordance with the guidelines promulgated by the National Highway Traffic Safety Administration (NHTSA). If the officer deviated from the protocols, your attorney could challenge the SFSTs. Your performance on the SFSTs may be used against you at trial. If they are thrown out by the court, it can weaken the prosecutor’s case against you.

Breath tests are administered using specialized machines. In Arizona, police officers commonly use the Intoxilyzer 8000 and Intoxilyzer 9000 machines for breath alcohol tests. These machines must be certified, regularly maintained, and calibrated correctly. Your attorney might ask for the records of the machine to check whether it was functioning properly. He or she might also ask for the administrator’s certification to make sure that it was current when your test was administered. If the machine was not properly calibrated or the certification was expired, the results may be suppressed because of their potential unreliability.

Blood tests must also be performed correctly. For example, if the phlebotomist who drew your blood cleaned the site with an alcohol wipe, it could skew your results higher. The blood sample must also be stored and transported properly, and the analysis must be conducted correctly. If any issues occurred during one of these steps, your attorney might challenge your blood results.

Additionally, you have the right to an Independent Blood Test, and you can request that you be taken to the hospital or that other arrangements be made to have one performed. If the officer refuses, that can be enough grounds to have your DUI case dismissed.

To admit evidence of your blood test results, the prosecutor will first have to establish the chain of custody for your blood sample. Each time your blood sample is transferred to a new custodian, documentation must be completed. If any of this documentation is missing, the blood test results will not be admissible.

Get Help from the Elite Extreme DUI Attorneys at Colburn Hintze Maletta

Facing a charge of an extreme or super extreme DUI in Arizona can be scary. You might be concerned about what might happen to you and how your life might be affected if you lose your license and have to spend time in jail.

When you are facing a DUI charge in Arizona, you should get legal help from an experienced DUI defense lawyer as soon as possible. Because of the severe consequences of a conviction, you should never attempt to represent yourself.

Contact Colburn Hintze Maletta today at (602) 825-2500.

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Arizona attorney Darin Colburn

“The calm in the middle of my storm…”

I, recently, consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again, however, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.

Frank - AVVO Review

Divorce / Reconciliation Client
Attorney David Maletta

“There is NOBODY I would rather have defending me than David”

I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.

Jacob - AVVO Review

DUI Defense Client
Arizona attorney Darin Colburn

“Because of Darin I got my daughter back”

Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!

Chris - AVVO Review

Child Custody & Support Client
Attorney David Maletta

“I was found NOT GUILTY. Dave won the trial for me.”

Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.

Gregory - AVVO Review

Criminal Defense Client
Arizona Attorney Timothy Hintze

“Tim was absolutely amazing and worked diligently”

I had an incident and was Given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now I am on the path to having my case fully dismissed. A couple things that really helped me through this process was that Tim did an amazing job at was answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future and as of right now they will be my first choice if I need a lawyer in the future.

Dylan - AVVO Review

Criminal Defense Client
Arizona Attorney Timothy Hintze

“Listens to every request that you make on a case”

I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.

Ben - AVVO Review

Criminal Defense Client
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