ARS 28-1382, Extreme DUI in Phoenix, AZ

by Aaron Black • December 07, 2017
ARS 28-1382, Extreme DUI in PhoenixIf you have been charged with an Extreme DUI in Phoenix, I strongly recommend that you consult with a DUI Defense Attorney. Extreme DUI Charges are the result of driving under the influence with a blood alcohol content (BAC) above .15 but less than .20.

If convicted, under ARS 28-1382 a person will serve no less than 30 days in jail and, your license will be suspended, and you will be responsible for paying mandatory fines. Also, the IID (Ignition Interlock Device) will be installed on your vehicle on the date of your driving privilege reinstatement.

1st Time Extreme DUI above a .15 BAC (but less than .20)

  • Minimum Jail - 30 days jail
  • Maximum Jail - 6 months
  • Fines:
$250 Fine
$210 Surcharge
$250 Driving Under the Influence Fund
$1000 Prison Fund
$1000 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
  • 90-day License Suspension
  • Possible Probation up to 5 years
  • Alcohol / Drug Screening & Classes
  • Possible community service
  • Pay for jail incarceration
  • Possible monthly probation fees
  • Possible SR22 insurance
  • 1-year Ignition interlock

Preliminary Breath Test (PBT)

Although popular belief is that your license will be suspended if you refuse the PBT that is not true. Many people confuse the PBT with the blood/breath test that is administered after a person has arrested for a DUI in Phoenix. You do have the right to refuse the field sobriety test (PBT) as it is only used by the police to obtain probable cause to arrest you and it is not admissible in court.

Arizona’s Implied Consent (ARS-1321) law states that if you are arrested lawfully by an officer who has grounds to believe that you have been driving under the influence of drugs or alcohol, then you automatically consent to take a breath, urine or blood test to determine your blood alcohol content (BAC.) However, before you submit to the blood/breath test always ask for a confidential phone call with a DUI lawyer.

Burden of Proof

The burden of proving a case rests in the hands of the police and the prosecutor. With that being said, "anything you say can and will be used against you in a court of law."
If you are arrested for an Extreme DUI, and the police officer asks you if you have been drinking, you do not have to answer. As a matter of fact, I do not recommend it. Instead, you should immediately ask to speak to an attorney and invoke your Fifth Amendment Right which is the right to remain silent.
  • Immediately ask for a lawyer
  • Tell the police that you will not answer any other questions without a lawyer present
  • Invoke your right to remain silent

Help is a phone call away

I specialize in DUI and Criminal Defense. When your freedom is at risk, experience in the courtroom matters and I will “Deliver Justice and Defend Your Freedom.” Good people sometimes find themselves in bad situations. To me, that does not mean that those caught in a bad situation are criminals or even guilty of a crime.

If you have been charged with an Extreme DUI in Phoenix, contact Phoenix DUI Defense Attorney Aaron Black or call to set up a free consultation today 480-729-1683.
 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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