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An Extreme DUI is a Class 1 Misdemeanor in Arizona. For a conviction, A.R.S. §28-1382(A)(1) requires the State to prove a person drove or was in actual physical control of a motor vehicle. And, the person’s blood alcohol content is above a .15**%**, but below a .20% within 2 hours of driving or being in actual physical control.
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A conviction for this offense carries significant consequences even for a first-time offender. These consequences come in the form of jail time, fines, and department of motor vehicle ramifications such as license suspension and requiring the installation of an ignition interlock device in any vehicle the person drives.
First-Time Offense Extreme DUI
The most frequent question asked about an extreme DUI is whether jail time is mandatory. Like every DUI offense in Arizona, jail is mandatory for this offense. However, the Arizona legislature changed the law in 2012 and the majority of the required jail time may be served on home detention, if eligible.
The jail time required for a first-time extreme DUI in Arizona is 30 days. However, one may be eligible for home detention after serving only 2 days in jail. Additionally, there are approximately $3000 in fines, fees, surcharges and assessments. A person convicted of extreme DUI faces a minimum 90-day suspension of driving privileges. Also, a requirement to equip their vehicle with an ignition interlock device in their vehicle for approximately 1 year.
Second-Time Offense Extreme DUI
A second-time misdemeanor extreme DUI offense obviously carries harsher penalties than a first offense. A second time offense mandates 120 days jail, but one may be eligible for home detention after serving 24 days. The fines, fees and assessments will be approximately $3500. Also, a person convicted of extreme DUI faces a license revocation of 1 year. Along with a required installation of an ignition interlock device.
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The consequences for a conviction for an extreme DUI in Arizona are harsh. It is imperative to consult with and retain an attorney knowledgeable in the details of a DUI investigation. The attorneys at Huss Law are battle-tested attorneys who know how to investigate a DUI case. Call Huss Law immediately.