News

Extreme DUI charges in Arizona can lead to major consequences for the driver. Over 1 million people were arrested for driving a motor vehicle under the influence (DUI) in 2019, according to FBI statistics. Nearly 18,000 of those arrests occurred in Arizona. Drunk driving is an offense that Arizona law takes very seriously, leading to the enactment of the strictest DUI laws in the country.

In addition to the legal consequences, there were 4,907 alcohol related crashes in 2019 in Arizona. Someone was killed in 234 of these accidents (4.77%), with a total fatality count of 256 deaths. 1,969 of the alcohol related crashes involved injuries (40.13%), injuring a total of 2,969 people. Finally, 2,704 of these accidents caused property damage (55.10%).

Drivers can be charged with an Extreme DUI or a Super Extreme DUI in Arizona if they have a particularly high blood alcohol concentration when they are arrested. In this article, we will explore what leads to Extreme DUI charges in Arizona and some of the possible consequences if you are arrested for this charge.

What is Blood Alcohol Concentration (BAC)?

Blood alcohol concentration (BAC) is the amount of alcohol that is in a certain weight of somone’s blood. When you drink alcoholic beverages, your digestive system absorbs the alcohol through the walls of your stomach and intestines. The alcohol enters the bloodstream and then travels to the brain. BAC serves as an indicator of how intoxicated a person is — the higher the BAC, the higher the level of impairment.

The impact of alcohol on your BAC can vary depending on a variety of factors, including:

• Gender
• Weight
• Health issues
• Medications
• Amount of food is in your stomach
• Amount you drink
• How fast you drink

What Causes High BAC Levels?

Excessive alcohol use leads to high BAC, which can result in an Extreme DUI charge. The two most common types of excessive alcohol use are binge drinking and high-intensity drinking.

Binge drinking is defined as a pattern of drinking alcohol that increases a person’s blood alcohol concentration to a level of 0.08% or higher. To reach a BAC level of 0.08% in 2 hours of drinking, women will need to consume an average of 4 or more drinks and men will need to consume an average of 5 or more drinks.

High-intensity drinking is defined as drinking behavior where someone consumes alcoholic beverages at double the rate necessary for binge drinking. To engage in high-intensity drinking, a woman must consume 8 or more alcoholic beverages and a man must consume 10 or more alcoholic drinks on a single occasion. High-intensity drinking is a particularly common occurance with college students or other young people around the age of 21.

What Are Extreme DUI Charges in Arizona?

In Arizona, it is illegal to drive under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance, or any combination of liquor, drugs, or vapor-releasing substances if you are “impaired to the slightest degree”. Arizona law creates three misdemeanor DUI offenses and one felony.

The severity of the DUI offense you are charged with is generally determined by the driver's BAC at the time of the offense or within two hours of being in actual physical control of the vehicle. While all three Arizona misdemeanor DUI offenses are class 1 misdemeanors, the penalties increase with the driver’s level of intoxication.

Standard DUI

Standard DUI is the lowest level DUI offense in Arizona. There are two ways you can be charged with a Standard DUI:

• If your BAC is 0.08% or higher.
• If you are “impaired to the slightest degree”, no matter what your BAC is.

The possible penalties for first-time Standard DUI offenders include:

• A minimum of 10 consecutive days of jail time
• A fine of $1,250
• Driver's license suspension
• Community service
• Ignition interlock device

Extreme DUI

Extreme DUI is a more serious DUI offense than Standard DUI. You can be charged with an Extreme DUI if your BAC is 0.15% or more but less than 0.20%.

The minimum penalties for people convicted of their first Extreme DUI offense include:

Super Extreme DUI

Super Extreme DUI is the most serious level of misdemeanor DUI offense in Arizona. To be charged with a Super Extreme DUI, your BAC must be 0.20% within two hours of being in actual physical control of the vehicle.

For a first Super Extreme DUI conviction, the minimum penalties include:

• A minimum of 45 consecutive days of jail time
• A fine of $2,750
• Driver's license suspension
• Community service
• Ignition interlock device

Aggravated DUI

In Arizona, a felony level DUI is called an Aggravated DUI. There are five reasons that a DUI can be charged as a felony instead of a misdemeanor:

• A child younger than 15 years-old was in the vehicle.
• The driver had 2 or more prior DUI convictions in the 7 years preceding the current charge.
• The driver’s license was revoked or suspended.
• The driver had an ignition interlock device on their vehicle from a previous DUI conviction.
• The driver going the wrong way on the highway.

Impact of BAC on Driving

The Centers for Disease Control and Prevention (CDC) has provided the following information regarding the intoxicating effects of various BAC levels on drinkers.

0.08 Percent Blood Alcohol Concentration

A BAC of 0.08%, which is the legal limit for driving, results in the following effects:

• Decreased muscle coordination
• Impaired balance, speech, vision, reaction time, and hearing
• Difficulty in detecting danger
• Inhibited judgment, self-control, reasoning, and memory

0.10 Percent Blood Alcohol Concentration

A 0.10% BAC will cause the following impairments:

• Substantial deterioration of physical control and reaction time
• Slurred speech, poor coordination, and delayed thought process

0.15 Percent Blood Alcohol Concentration

At a BAC of 0.15 percent, a person will experience the following effects:

• Severely reduced muscle control
• Extreme loss of balance
• Vomiting, especially if the person consumed alcoholic beverages too quickly or has a low tolerance for alcohol

What To Do If You Are Charged With Extreme DUI

If you have been arrested for an Extreme DUI charge, you should consult with an experienced criminal defense attorney. In Arizona, an Extreme DUI conviction carries severe consequences that can have a large impact on your life and freedoms. It’s essential that you have a lawyer who is well-versed in handling Extreme DUI cases on your side when dealing with Extreme DUI or Super Extreme DUI charges.