In Arizona, not all DUI offenses are created equal.

• DUI – A DUI offense is the most basic version of an Arizona drunk driving crime. Someone can be found guilty of a DUI if they are driving a car with a blood-alcohol content between .08 and .14.
• Extreme DUI – Someone can be found guilty of an Extreme DUI If they operating a motor vehicle with a blood-alcohol content of .15 or more.
• Aggravated DUI – An aggravated DUI results when someone is driving under the influence (with a blood-alcohol content of .08 or more) under one of the following circumstances:
  1. Driving on a suspended or revoked license;
  2. Having committed two prior DUIs in the past seven years;
  3. Driving with a passenger under the age of 15 years old; or
  4. Refusing to submit to a breath sample (for those ordered to have an ignition interlock on their vehicle).

So, even a driver who is arrested for a DUI for the first time may face any of these charges. Like most other states, Arizona law provides for escalating punishments for those who are convicted of repeat DUI offenses.

For example, a first time Arizona DUI offense can result in the following punishments:

• Up to 10 days in jail
• Up to a $1,250 fine
• Participation in alcohol treatment and education
• Installation of an ignition interlock device
• Mandatory community service

A second-offense DUI in Arizona carries stricter penalties, including:

• Up to 90 days in jail
• Up to a $3,000 fine
• 12-month driver’s license revocation
• Participation in alcohol treatment and education
• Installation of an ignition interlock device
• Mandatory community service

For an Arizona Extreme DUI, the penalty goes from up to 30 days in jail with a $2,500 fine for a first offense, to 120 days in jail, a $3,250 fine, and the mandatory installation of an ignition interlock device for a second offense.

In some cases, a third-time DUI or extreme DUI offense will constitute an aggravated DUI. However, as mentioned above, even a first-time offense may result in an aggravated DUI charge. Aggravated DUIs are punishable by up to two years in jail and a three-year license suspension.

Have You Been Arrested for an Arizona DUI Offense?

If you have recently been arrested for an Arizona drunk driving crime, contact Attorney James E. Novak for immediate assistance. Attorney Novak is a veteran DUI defense attorney, with years of experience handling even the most complex and challenging Arizona DUI cases. With his assistance, you can rest assured that you are in good hands at every step in the process. Attorney Novak represents clients facing all types of DUI offenses, including first-time DUIs and aggravated DUIs. To learn more, and to schedule a free consultation today, call 480-413-1499 today.

Misdemeanor DUI: Most first and second DUI offenses are considered misdemeanors under Arizona law. Typically, a misdemeanor DUI requires the prosecution to prove that a motorist’s blood-alcohol content (BAC) was at least 0.08%, or that they had a controlled substance in their system. However, DUI convictions can be sustained on evidence that a driver was “impaired to the slightest degree,” even without a blood or breath test. Even for a first-time DUI arrest, the consequences of a conviction can be severe, and typically include:

• At least one day in jail;
• Upwards of $1,750 in court fines;
• A 90-day license suspension; and
• A mandatory ignition interlock device upon restoration of a driver’s license.

Extreme DUI: When a driver’s BAC is more than 0.15%, they may be charged with an extreme DUI. An Arizona extreme DUI is punishable by the following:

• A mandatory 90 days in jail;
• Up to $2,500
• A 90-day license suspension; and
• A mandatory ignition interlock device upon restoration of a driver’s license.

Super Extreme DUI: While the name may sound a little ridiculous, the charge is anything but. Super extreme DUI refers to a DUI in which the driver’s BAC is over 0.20%. For a first-time super extreme DUI, the penalties include a 45-day jail sentence in addition to those mentioned above.

Aggravated DUI: Even more severe than a super extreme DUI, an aggravated DUI is when someone is arrested for a DUI, and one of the following factors is also present:

• Their license is suspended or revoked;
• They caused an accident that injured or killed another person;
• They have two prior DUI conviction from the past seven years;
• They were transporting a passenger under the age of 15 at the time of the offense; or
• They were subject to the mandatory installation of an ignition interlock device.

Arizona aggravated DUI offenses are extremely serious felony charges. If convicted, a motorist could be sentenced to up to four months in jail, fined $4,000, and lose their license for a year.

Regardless of the specific type of offense, there are many ways to fight an Arizona DUI charge. Anyone charged with a drunk driving case should consult with a dedicated Tempe criminal defense attorney to discuss their case.

Have You Been Arrested and Charged with an Arizona DUI?

All Arizona DUI offenses are serious, even for those with no previous criminal record. However, all hope is not lost merely because you have been arrested and charged with a DUI. Attorney Robert Novak is a dedicated Tempe criminal defense attorney with extensive experience assisting clients who are facing DUI cases. Attorney Novak is a skilled negotiator who routinely convinces prosecutors to reduce his client’s charges. However, as an experienced trial attorney, Attorney Novak is not afraid to take a case to trial if the prosecution is not willing to negotiate. To learn more, call 480-413-1499 to schedule a free consultation today.

Additional Resources:

• A.R.S. 28-1382 – Arizona’s Extreme DUI Statute
• A.R.S. 28-1384 –Arizona’s Aggravated DUI Statute

These considerations are quite important when it comes to Extreme DUI cases. These are sometimes misunderstood by clients, so let’s cover these charges and the penalties for Extreme DUI right now.

Defining Extreme DUI

Extreme DUI refers to cases in which a person is found to be operating a vehicle with a BAC of 0.15 or greater. This is roughly twice the legal limit (0.08), which means that violators of this law are severely intoxicated.

Why Do Extreme DUI Laws Exist?

Arizona is one of many states in America that has additional penalties for people who are seriously drunk or intoxicated while operating a vehicle. These laws are intended as a deterrent against people getting behind the wheel when they are clearly drunk and in no fit condition to drive. It’s hoped that stiffer drunk driving penalties will reduce the number of severely drunk drivers on the road and in the process prevent accidents and fatalities.

Penalties for First-Time Extreme DUI

For first-time Extreme DUI charges (a Class 1 Misdemeanor), the penalties are as follows:

• 30 days to 6 months in jail
• Fines of up to $2,500
• 90-day revocation of driver’s license
• Installation of ignition interlock device for 1 year
• Up to 5 years of probation

Additional fines and penalties may be involved depending on the circumstances of your case.

Penalties for Second-Time Extreme DUI

If you are caught and charged with an Extreme DUI within 7 years of the previous charge, this is consider a second offense, and violators are charged with a Class 1 Misdemeanor. A second Extreme DUI charge includes the following penalties:

• 120 days to 6 months in jail
• Fines of up to $2,500
• 1-year revocation of driver’s license
• Installation of ignition interlock device for 18 months
• Up to 5 years of probation

As with the first-time offense, additional fines and penalties may be involved depending on the circumstances of your case.

Considering Your Legal Options When Facing These Charges

If you have been charged with an Extreme DUI, you have many legal concern to consider. Getting to and from work can be a challenge, and the impact on your record can have serious consequences. Because of this, it’s important that you look into all of your legal options carefully and weight them with great deliberation.

An Attorney Can Provide You with the Help You Need

For those charged with an Extreme DUI, working with a skilled attorney can be a great help. A lawyer will be able to assess your situation and in the process may note issues with your arrest that can help with minimizing or dropping the charges against you. We will be able to provide you with strong legal representation as well as sound advice moving forward after your situation is resolved. No matter what, know that you have strong advocates here at our legal office.

Contact The Law Office of James Novak

For more information about Extreme DUI charges and what you legal options are when facing such charges, be sure to contact a skilled criminal defense and drunk driving attorney today. The team at The Law Office of James Novak will help you in your time of legal need.

A number of clients have had questions about the differences between Extreme DUI charges and Aggravated DUI charges. We’d like to compare the two right now.

Different Drunk Driving Charges Based on Circumstances

Classifications such as Extreme DUI and Aggravated DUI are intended to denote the circumstances at the time of your arrest. While drunk driving is always taken seriously, sometimes certain situations involve even harsher penalties.

As you are about to read, Aggravated DUI is considered more serious than Extreme DUI, and the penalties reflect this.

About Extreme DUI

An Extreme DUI refers to cases in which a person’s BAC (blood alcohol concentration) is 0.15 or higher. This means that the BAC is at least twice the legal limit. This level of intoxication leads to stiffer penalties, though Extreme DUI is still considered a misdemeanor charge.

Penalties for Extreme DUI

If you are convicted of an Extreme DUI, you will face at least 24 hours of jail time as well as a $900 fine plus an additional charge of $250 for a “DUI Assessment” and $1,250 for an “Extreme DUI Assessment.” Your driver’s license will be revoked for 1 year as well. An ignition interlock device will need to be installed in all of your vehicles, which will require you to blow into the device and demonstrate sobriety before the vehicle can start.

Additional Extreme DUI convictions after the first will carry harsher fines and penalties, so keep that in mind.

About Aggravated DUI

Unlike Extreme DUI, an Aggravated DUI is considered a felony. Aggravated DUI applies in the following circumstances:

• A child younger than 15 years old is in the car while you are driving drunk

• Your driver’s license is restricted, revoked, or suspended at the time of a DUI

• You have two prior DUI convictions within last 7 years (84 months)

Penalties for Aggravated DUI

Since Aggravated DUI is a felony, you will face at least 4 months in prison and up to 3.75 years. Fines for an Aggravated DUI conviction can total around $4,700. Those convicted will have their driver’s license revoked and have an ignition interlock device placed in their vehicle for 2 years. Probation, community service, and alcohol counseling are also common for Aggravated DUI convictions.

How a Drunk Driving Attorney Can Help You

Whether you face an Extreme DUI or an Aggravated DUI, you need to take these charges seriously. Working with a skilled drunk driving defense attorney will allow you to receive expert legal advice. We will help reduce penalties when possible, and help you through the complexities of Arizona’s drunk driving laws. We are here for you to ensure you receive a fair hearing and that your Constitutional protections are respected.

Contact The Law Office of James Novak

For more information about extreme DUI, aggravated DUI, and many other matters related to drunk driving charges, be sure to contact our criminal defense law firm today. The team at the Law Office of James Novak will help you make smart choices about your legal options.

At The Law Office of James Novak, we take DUI defense strategies and cases very seriously, and we meet with numerous people throughout the Phoenix area who have been arrested during this particular holiday weekend. Let’s consider the 4th of July and DUI arrests right now.

Arrest Numbers Down for the Fourth of July This Year

Thankfully the DUI arrest numbers seemed to have gone down in 2015.

According to The Arizona Republic, DUI arrests were down 20% this year during the 4th of July weekend. While that’s a potentially positive sign about these matters, motorists and others on the roads need to be wary and cautious.

Drunk Driving During the Fourth of July Can Be Deadly

Even though the numbers were down this year, drunk driving on the 4th of July has to be taken very seriously.

Data from the National Highway and Traffic Safety Administration (NHTSA) noted incidents of drunk driving on the 4th of July between 2009 and 2013. The 4th of July proved to be a very deadly time when it came to drunk driving. 750 people were killed in drunk driving accidents on the 4th of July in which drunk motorists had a DUI beyond the legal limit of 0.08. During this five-year period, these 4th of July fatalities accounted for roughly 39% of all auto accident fatalities in the United States.

Extreme DUI and Super DUI: Excessively High BAC

Given the numbers above, it should come as no surprise that major intoxication is an issue with DUI arrests within the state. We’ve noticed that Extreme DUI (BAC 0.15+) and Super DUI (BAC 0.20+) are both common issues around this holiday weekend. In fact, numbers show that roughly 34% of all DUI arrests over the 4th of July holiday are Extreme DUIs.

What an Extreme DUI and Super DUI Mean for Those Arrested

Both Extreme DUI and Super DUI hold major penalties for those who are arrested and charged, with penalties that go beyond that of traditional DUI arrests.

For first offense Extreme DUI, the penalties include the following:

• Minimum 30 days jail time
• Fine of at least $2,500
• Up to 5 years probation
• Driver’s license suspension of 90 days
• Installation of an ignition interlock device

For Super DUI, the penalties include the following:

• Minimum 45 days jail time
• Fine of at least $3,000
• Up to 5 years probation
• Driver’s license suspension of 90 days
• Installation of an ignition interlock device

How a Drunk Driving Attorney Can Help You

These penalties can have a serious impact on your life and your livelihood, which is why it’s so important to have a skilled defense attorney on your side. A DUI lawyer will examine the circumstances of your case and carefully devise a defense strategy that will reduce penalties and ensure that you receive a fair shake from the law.

Going it alone is not a good idea given the complexities involved in DUI law. An attorney like James Novak is your best bet for a strong defense strategy and expert legal counsel going forward.

Speak with the Team at The Law Office of James Novak

To learn more about your legal options following a drunk driving arrest or charge, be sure to contact a skilled DUI defense attorney today. At The Law Office of James Novak, we will work closely with you to ensure that you receive expert legal advice.