Super Extreme DUI:

• Blood Alcohol concentration of 0.20 or more. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the super extreme influence of intoxicating liquor. This offense is a class one misdemeanor.

Drunk driving is known by a variety of names such as:

• driving under the influence (DUI)
• driving while impaired (DWI)
• operating under the influence (OUI)
• operating while impaired (OWI)
• driving under the influence of intoxicants (DUII)
• driving while under the influence (DWUI)

The mere fact that driving intoxicated or under the influence may be called by different phrases, the consequences of such a conviction can be devastating.  So no matter what you call it, one should seriously consider hiring a competent, experienced lawyer to represent them.

Penalties for a Super Extreme DUI in Arizona

he penalties for a Super Extreme DUI in Arizona are more severe than those for an Extreme DUI. Keep in mind that laws can change, and it's essential to consult the most recent legal resources or speak with an attorney for up-to-date information.

• First Offense (Class 1 Misdemeanor):

  • Minimum 45 consecutive days in jail.
  • Fines and fees.
  • Driver's license suspension for 90 days.
  • Installation of an Ignition Interlock Device (IID) for 18 months.
  • Alcohol or drug screening and education/treatment programs.

• Second Offense within 84 Months (Class 1 Misdemeanor):

  • Minimum 180 days in jail, with 90 days to be served consecutively.
  • Fines and fees.
  • Driver's license revocation for one year.
  • Installation of an IID for 24 months.
  • Alcohol or drug screening and education/treatment programs.

Defenses to a Super Extreme DUI charge in Arizona

Defending against a Super Extreme DUI charge in Arizona involves careful examination of the specific circumstances surrounding the arrest. While each case is unique, here are some common defenses that may be applicable:

1. Challenging the Accuracy of BAC Testing:

   • Questioning the accuracy of the breathalyzer or blood test results is a common defense. Issues such as improper calibration, administration, or handling of the samples can be raised.

2. Rising BAC Defense:

   • Arguing that your BAC was below the legal limit at the time of driving but increased by the time of testing is known as the "rising BAC" defense. This is based on the natural metabolism of alcohol.

3. Illegal Stop or Arrest:

   • If law enforcement lacked reasonable suspicion to stop your vehicle or did not have probable cause for arrest, evidence obtained during the stop may be challenged as inadmissible.

4. Inaccurate Field Sobriety Tests:

   • Field sobriety tests are subjective and may be affected by various factors. Challenging the accuracy and reliability of these tests can be part of a defense strategy.

5. Medical Conditions or Medications:

   • Certain medical conditions or medications can impact the results of sobriety tests or breathalyzer tests. If you have a medical condition or were taking medications that could affect the tests, this information can be used in your defense.

6. Chain of Custody Issues:

   • If there are questions about the proper handling and documentation of blood samples, it may be possible to challenge the evidence based on chain of custody issues.

7. Witness Credibility:

   • Challenging the credibility of witnesses, including law enforcement officers, can be a strategy if there are inconsistencies or doubts about their testimony.

It's important to consult with an experienced DUI defense attorney to discuss the specific details of your case and determine the most effective defense strategy based on the circumstances. Legal professionals can assess the evidence, identify weaknesses in the prosecution's case, and work to protect your rights.

Contact Brian Di Pietro Law, PLLC. Arizona's Most Experienced, Tough Lawyer for DUI/DWI Criminal Charges!

Attorney Brian Di Pietro has successfully represented many clients who had been charged with DUI/DWI. His success is a result of his 38 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of DUI/DWI and is able to use this knowledge combined with his aggressive approach to defending his clients that have resulted in the favorable resolution for his clients. Contact him now at 623-242-2655 for a free confidential case evaluation about your DUI/DWI charges in Arizona.

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