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

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.