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Tag Archives: arizona dui

April 2, 2013

In Arizona, the maximum blood alcohol concentration (BAC) that is legally allowed while driving or operating a motor vehicle is 0.08 percent. Any violation of this law is a criminal offense and could result in a driving under the influence (DUI) conviction. The penalties for a DUI conviction will usually be based on the BAC level of the offender. Arizona law lists the qualifications and penalties for a DUI, an Extreme DUI, and a Super Extreme DUI.

What are the qualifications for an Extreme DUI?

Pursuant to §28-1382 of the Arizona Revised Statutes, an Extreme DUI charge requires a BAC of 0.15 percent or above within two hours after driving a motor vehicle. Meanwhile, a BAC of 0.20 percent or above qualifies as a Super Extreme DUI charge in Arizona. To violate the law, the blood alcohol concentration must result from alcohol that has been consumed either before or while actually driving the vehicle.

What are the penalties for a first-time Extreme DUI?

A first-time Extreme DUI violation is considered a Class 1 misdemeanor. It will result in at least 30 consecutive days in jail or a maximum of six months. All offenders are required to pay a minimum fine of $250 plus certain financial penalties. Additionally, the individual will have his or her driving license suspended for 90 days. After 30 days, an individual who meets certain eligibility requirements will be allowed to receive limited driving privileges. Then, at the end of the 90 days, the court might require that an ignition interlock device be placed on the person’s vehicle for at least one year.

What are the penalties for a second- time Extreme DUI?

The penalties for an Extreme DUI are increased for anyone who has a prior DUI conviction within the previous seven years. The minimum jail time, for example, is 120 days. Additionally, the offender is required to pay a minimum fine of $500 plus additional financial penalties. A person convicted of a second-offense Extreme DUI will have his or her driving license suspended for at least one year and will not be eligible to receive any temporary driving privileges. An ignition interlock device will be placed on the person’s vehicle at the end of the one year period.

The penalties for a Super Extreme DUI include at least 45 consecutive days in jail and a minimum fine of $500. Anyone who is convicted of either an Extreme DUI or a Super Extreme DUI might be required to undergo substance abuse counseling.

Please contact our offices if you or someone you know has an Extreme DUI charge in Arizona. To schedule a free consultation with a DUI Attorney, please call our offices 24 hours a day at (602) 307-0808. You can also email us through our secure and confidential email form.

A DUI conviction in Arizona can potentially lead to loss of employment, loss of driving privileges and a significant increase in how much you pay for automobile insurance. Fortunately, professional Arizona DUI defense attorneys with extensive experience in representing individuals charged with DUI know a variety of legal and effective defense strategies that may result in a reduction of the charges or dismissal of all charges. The cost of a DUI defense attorney will be more than made up if the case is reduced or the charges dismissed. Trust us, you really want to avoid the current and future consequences of a DUI conviction.

The “No Reasonable Suspicion to Stop” DUI Defense

In Arizona, law enforcement cannot detain or stop a person based on his her age, religious preference, race, gender or any other reasons that could be considered discriminatory or legally invalid. If a police officer stops you for DUI without providing evidence that supports this type of investigatory detention, i.e., evidence that can prove the person being detained is engaging in criminal activity, then the stop is considered unconstitutional and illegal.

The “No Actual Physical Control” DUI Defense

If an officer finds someone behind the wheel of a running car who is intoxicated but not driving the vehicle because he or she has pulled over due to being drunk, that officer cannot arrest the person for DUI. In Arizona, this scenario legally indicates someone who is not physically controlling the car and therefore is not considered to be “driving while intoxicated”.

The “No Probable Cause for Arrest” DUI Defense

This particular DUI defense is used for individuals who were given improperly administered field sobriety tests, or FSTs. Guidelines provided by the National Highway Traffic Safety Administration state that DUI suspects should not be asked to take FSTs when:

The person is overweight (more than 50 pounds)
The person is over 65 years of age
The person has ankle, hip, knee, back or leg injuries that affect the validity of the test
The person has additional disabilities that may affect his or her balance
The person’s shoes have heels over two inches high

DUI suspects should also be aware that refusing to take an FST is completely within their rights, regardless of what law enforcement may say about refusing the test.

The “Denial of Right to Counsel” Defense

When applicable, an experienced DUI defense attorney may prove that a suspect was denied the right to counsel due to police ignoring the suspect’s request to talk to counsel or because police waited too long to provide the suspect with access to counsel without reasonable cause. Successful use of this defense is grounds for dismissal of a DUI case.

The “Inaccuracy of the Breath or Blood Testing Device” Defense

Arizona’s Department of Health Services establishes guidelines that police are expected to follow concerning regular maintenance and calibration of breath-testing tools. Defense attorneys can investigate the validity of maintenance checks to determine whether a suspect’s breath test was given by an uncalibrated breath device and possibly have the case thrown out of court.

Having a knowledgeable and experienced DUI defense attorney on your side if you are arrested for DUI can make all the difference in Arizona, between suffering the consequences of a conviction or possibly having the charges reduced or even dismissed entirely.

If you would like to schedule a free consultation to speak with a DUI defense lawyer about any of the defenses listed on this page, please call us 24 hours a day at (602) 307-0808. You can also send us a confidential email by using our secure form. If you have been charged with an Aggravated DUI in Arizona or an Extreme DUI in Arizona, please refer to those pages for specific information about those charges.

Our team of lawyers have successfully defended DUI cases in Scottsdale, Tempe, Mesa, Gilbert, Chandler, in addition to Phoenix and the rest of the State of Arizona.

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