Super Extreme DUI while visiting Phoenix, AZ

by Aaron Black • March 05, 2020

Super Extreme DUI Some out-of-state visitors who are arrested for drinking and driving and charged with a super extreme DUI will have a more complicated time because both state jurisdictions come into play.

Arizona’s Super Extreme DUI Law

Those who have a driver’s license from another state and who is arrested for a super extreme DUI under Arizona Revised Statute 28-1382 if their blood-alcohol concentration (BAC) reaches 0.20 percent or more, a class 1 misdemeanor will be filed.

A super extreme DUI is pretty much obvious to a traffic officer because the person is dazed, confused, disoriented and needs assistance to stand or walk and can feel nauseated.

You don’t have to be driving in Arizona to be charged with a super extreme DUI. All you have to be is in “actual physical control” of the vehicle. This means that you can be parked with the ignition key in the ignition switch or in your pocket or otherwise readily accessible.

If an out-of-state driver causes a serious injury or a fatality, the DUI charge is elevated to a felony carrying long-lasting negative ramifications and other applicable felony charges are levied.

Repercussions for Out-of-State DUI Defendants

Arizona’s super extreme DUI law requires spending some time in jail, significant fines and surcharges, a term of probation along with a criminal conviction that stays on the public record for life and can be viewed by law enforcement in other states. The fines are paid to Arizona, not your home state, and you won’t be able to appeal the fines from your state.

1st Time Super Extreme Driving Under the Influence above a .20 BAC
  • Minimum Jail - 45 days jail
  • Maximum Jail – 6 months
  • Fines:
$500 Fine
$420 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
  • 18 months Ignition interlock
If your case goes to trial you’ll be returning to Arizona for court appearances.

While Arizona allows some DUI defendants sentenced to time in jail to leave confinement so they can go to their jobs, an out-of-state defendant doesn’t have that option. Visiting drivers likely will miss work. It may be possible, however, to arrange to spend jail time in your home state although you’ll have to pay for the privilege of home state incarceration. If your petition for transfer is rejected, any jail time will be served in Arizona.

If you’ve had a previous DUI conviction in your state, the Arizona prosecution may discover that and ask that your home state conviction be considered as a prior violation at sentencing to increase your punishment. However, to add the home state conviction as a prior offense, the DUI law in Arizona and your home state’s law must be identical. For example, Arizona and California DUI laws have differences.

Although Arizona can’t suspend or revoke an out-of-state driver’s license, the conviction will be reported to your home state for disciplinary action. Your home state may honor Arizona’s sanctions or impose other penalties required by your home state’s regulations. Arizona will issue you an Arizona license number for enforcing the local penalties.

In Arizona, those convicted of a DUI must have an ignition locking device installed in the vehicle that prevents the engine from starting if the driver has any level of alcohol detected by the device’s breathalyzer. Out-of-state drivers will also be required to have the device installed in their vehicles by Arizona and possibly their home state.

Auto insurance companies will raise premiums or even cancel the policy no matter where the DUI conviction happened.

Super Extreme DUI defenses

You’ll need a highly qualified Phoenix, AZ DUI defense attorney to achieve a result that is the least harmful to your life and finances. The attorney has several avenues to investigate and every case has a different set of facts and circumstances that may lead to establishing reasonable doubt in the minds of jurors and an acquittal.

These are the common defenses:
  • The arresting officer didn’t have a legal reason to stop you. Police must have probable cause or reasonable suspicion to detain you, such as something as blatant as an illegal U-turn or as unnoticeable as putting a wheel an inch or so over the lane line.
     
  • The field sobriety test wasn’t properly administered. A person can have a physical issue that eschews the test result. The breathalyzer test results were not accurate because of the machine’s calibration or the officer’s procedure.
     
  • At the stop, the officer failed to advise you of your Constitutional rights to remain silent as afforded by the Fifth Amendment, adjudicated in Arizona vs. Miranda, and known as your Miranda rights. The officer also has to tell you that you have the right to have an attorney before answering any questions required by the Sixth Amendment.
Arizona requires a conviction if someone is “slightly impaired” while individuals have different levels of intoxication that are influenced by the person’s gender, size, weight, how fast the person’s metabolism processes alcohol, and alcohol tolerance. Regular drinkers have a greater tolerance than those who don’t consume alcoholic beverages routinely.

At trial, if the judge errors in making a legal ruling, the defendant can petition the Arizona Court of Appeals to overturn your conviction.

Entering into a Plea Agreement

The prosecution or the defense can offer a plea agreement, which is often used to speed cases through the system and save court costs. In return for a guilty plea, the state will reduce the charge to a less serious offense with a lighter sentence.

It’s imperative that you obtain legal representation at the earliest possible time while the memory of your passengers and other witnesses are still fresh.

Free, Confidential Legal Consultation

If you have been convicted of a DUI while visiting Arizona it’s imperative that you hire an experienced Phoenix, AZ DUI Defense Attorney.

Contact Phoenix, AZ DUI Defense Attorney Aaron Black or call (480) 729-1683 for a free and confidential legal assessment of your case and what your legal options are.

I’ll listen to your side of the case and answer your questions during a confidential telephone call. I’ll promptly respond unless I’m in court.

I have a record of aggressively challenging the state’s evidence and providing personalized legal services. I defend DUI and criminal cases in justice, city, county, 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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