A DUI charge is always serous, but the higher your blood alcohol concentration (BAC), the more severe the potential consequences will be. If you’ve been charged with an extreme DUI, you’re facing jail time and other significant consequences that will have an effect on your day-to-day life. Don’t wait to contact a Glendale extreme DUI lawyer. The attorneys at The Stewart Law Group have experience handling extreme DUI cases and will do whatever it takes to help you beat you case. Contact us today to set up a free consultation to discuss your legal options.
What is an Extreme DUI?
In the state of Arizona, you will be charged with driving under the influence anytime you’re impaired by drugs or alcohol – regardless of your BAC -, or when your BAC is above .08%. If you’re stopped by the police and your BAC is between .15% and .2%, you will be charged with what’s referred to as an extreme DUI. To be convicted of an extreme DUI, it must also be determined that you were in actual physical control of the vehicle, and that your alcohol or drug consumption occurred before you drove or while you were driving.
Penalties For Extreme DUI In Glendale, Arizona
The penalties for an extreme DUI conviction vary depending on how many prior DUI convictions you have.
First Offense: If this is your first DUI arrest, you will automatically spend at least 30 days in jail, pay at least $2,500 in fines, and be required to attend alcohol screening and education classes. Additionally, you will lose your license for 90 days and be required to install an ignition interlock device in your vehicle for 1 year at your own expense. The court has the discretion to suspend 21 days of your sentence, meaning you would only have to spend 9 days in jail. This is not automatic, however; it’s entirely up to the judge.
Second Offense: If you were convicted of any kind of DUI within the last 7 years, you will be charged with a second offense extreme DUI if your BAC is between .15% and .2%. This is true even if your first DUI was a regular DUI. Penalties for a second offense include a mandatory 120 days in jail, with at least 60 served consecutively and no opportunity for any of the days to be suspended, fines of at least $3,500, mandatory alcohol screening and education classes, and community service. You will also lose your license for 1 year and be required to install an ignition interlock device in your vehicle for 18 months.
It’s incredibly important to hire an experienced Glendale extreme DUI attorney right away, as it is possible for you to serve 80% of your jail sentence through at-home detention instead, which they can help negotiate.
Extreme DUI Defenses
Common legal defenses to an extreme DUI include the following:
Inaccurate Breath Test. Before you can be administered a breath test, police must observe you for 15 minutes after your arrest. If this isn’t done, your lawyer can try to have the breath results thrown out.
Lack of Reasonable Suspicion. To make a traffic stop, law enforcement must have reasonable suspicion that you committed a crime. If you were speeding, driving erratically, or breaking other traffic laws, this will be sufficient for them to pull you over. However, if you were pulled over for some other reason – such as your race, age, or anything else unrelated to this standard – and the judge rules that there was no reasonable suspicion, all evidence from the moment after the stop occurred should be excluded from your trial.
Lack of Probable Cause for Arrest. For the police to arrest you, they must have probable cause to believe that you were driving under the influence. This means they must have a reasonable belief, based on valid evidence, that you were driving under the influence. If the court determines that there was no probable cause for the arrest, any evidence – including observations, statements, breath and blood results – will be inadmissible at your trial.
Our Glendale Extreme DUI Lawyers Are Here For You
Being arrested is a frightening experience, but it’s not something you have to handle alone. All of the Glendale extreme DUI attorneys at The Stewart Law Group have significant experience handling all types of DUI cases, and we will do everything possible to give you the best chance of success. We will handle your case every step of the way with the experience, compassion, and dedication it deserves. Contact us today to set up a free consultation to discuss your legal options.