Second Super Extreme DUI Penalties Are Severe in Phoenix, AZ

by Aaron Black • May 28, 2020

Second Super Extreme DUI Arizona drivers who are charged with a second super extreme DUI will be fighting for their freedom and financial security. Getting behind the wheel after drinking too much can ruin your life, particularly if someone was injured or killed.

Arizona has a zero-tolerance policy for those who drink and drive intoxicated at, and far beyond, the baseline blood-alcohol content (BAC) of 0.08 percent. Many people have been cited for DUI at a level than doesn’t even reach the baseline BAC.

A super extreme DUI comes into play at a BAC of 0.20 percent or higher and is a misdemeanor offense. A second conviction of super extreme DUI within seven years of the first DUI Offense Date raises the offense to a second time DUI, which carries the most serious of misdemeanors punishment.
There is also the social stigma associated with a conviction, particularly if the news media gets involved and your mug shot ends up on the news. A criminal conviction, even a misdemeanor, will stay on your life. A DUI conviction cannot be expunged in Arizona.
The conviction can hurt your chances of getting or keeping a job. Professional truck drivers in this situation will be fired and their commercial license to drive revoked.

Arizona’s Penalties for Second Super Extreme DUI

Under Arizona Revised Statute §28-1382(A)(2) a second conviction for super extreme DUI includes mandatory six months in county jail. There is also a steep financial cost as outlined below. Did you know you have to pay $1,250 of that amount to the state’s prison construction fund?
Here is a list of other financial penalties that will be imposed if convicted of a second time super extreme DUI in Arizona:
  • $500 Fine
  • $415 Surcharge
  • $1,250 to Public Safety Equipment Fund
  • $1,250 to the Prison Construction Fund
  • $ 20 Time Pay Fee
  • $20 Probation Fee 
  • $13 Assessment
This is a list of other penalties and some of these have a financial impact:
  • License revocation for one full year. However, you may be able to obtain a restricted license for nine of those months.
  • Possible probation for up to five years with monthly probation fees
  • At least 30 hours of court-ordered community service
  • Pay for pricy SR-22 insurance, which is proof of auto insurance, for three years, and higher insurance company rates
  • Attending and completing a minimum of 36 alcohol abuse classes
  • Two years of MVD ordered expensive ignition interlock, i.e., installation and monthly rental fees
  • Your vehicle may be impounded
  • The court might order you to attend Mothers Against Drunk Drivers’ victim impact panel at a cost of $100
And, add to those expenses, the cost of your defense attorney and conducting your defense. You’ll need an experienced and aggressive DUI Defense Attorney to achieve the best possible outcome.

Actual Physical Control

If your vehicle wasn’t in motion at the time of your arrest, you can still be charged with a second super extreme DUI under the state’s actual physical control law Arizona Revised Statute §28-1381(A)(1), also a class 1 misdemeanor.
This takes into consideration that your access to your vehicle was “present or imminent.” The law defines that term using a number of conditions that the officer observed. The key to charging this offense is where the ignition key was and where you were in the vehicle.
These following are also factors the officer observes:
  • Was the vehicle’s engine running
  • Where was the ignition key
  • Were you asleep or awake
  • Where was the vehicle parked
  • Was the heater or air-conditioning running
  • Was a window open or closed
  • Were the headlights on or off
  • Did you pull off the roadway voluntarily
  • The time of day
  • Weather conditions
Other factors can be included as noted by the Arizona Supreme Court.
The mitigating factors are that you parked the car in a space at the mall or some other place that was safe and didn’t present a danger to yourself or others, the engine was not running and the ignition key was not in a place that was within your reach.

Second Super Extreme DUI Defenses

Of course, the state must prove its case beyond a reasonable doubt, and it’s the defense’s duty to establish a reasonable doubt by challenging the state’s evidence and conducting its own thorough and independent probe of the evidence and procedures used by authorities.
  • Police officers are human and can make errors, may overlook something that is in your favor, and sometimes officers can be overzealous.
  • To suppress state evidence, the defense attorney will study the police report to see how your BAC was determined and if the machines used were properly calibrated and maintained, or if a blood draw wasn’t stored properly and became contaminated.
  • Part of the defense investigation is to check to see if the arresting officer has any reprimands of other actions that may cast doubt upon the officer’s character.
  • Can the Prosecution properly prove your prior DUI?
Remember, it’s never a good idea to talk to authorities without the benefit of an attorney at your side. 

Free Confidential Legal Consultation

Promptly after your arrest, it’s best to arrange for a legal consultation of your case with a defense attorney.
The Law Office of Aaron M. Black offers a free and confidential legal consultation. I’ll listen to your version of the event and ask questions and answer your questions.

Contact Phoenix, AZ DUI Defense Attorney Aaron Black to arrange for your consultation or call (480) 729-1683 anytime. I’ll promptly respond unless I’m in court.
I’m also available by email and FaceTime online and I can review the police report and other documents by email or fax.
I defend second super extreme DUIs and other criminal matters in Arizona’s justice, municipal, state, and federal courts.
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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