Arizona law uses several different phrases when dealing with DUI charges, including Extreme DUI and Super Extreme DUI. What is the difference between these two?
Did you know that the Super Extreme DUI charge is an Aggravated DUI charge?
The Extreme DUI and Super Extreme DUI charges are based on your alleged blood alcohol concentration, which Arizona law requires to be taken within two hours of driving. Arizona’s sentencing requirements for DUI charges are enhanced and mandatory.
Basic Classification of Arizona DUI Offenses
- Impaired to the Slightest Degree DUI Driving while impaired “to the slightest degree” by drugs and/or alcohol
- DUI with BAC over Legal Limit BAC > 0.08
- Extreme DUI BAC > 0.15
- Super Extreme DUI BAC > 0.20
- Aggravated DUI Felony DUI
Extreme DUI
Extreme DUI is a charge that may be applied if a person is arrested for DUI and their blood alcohol content (BAC) level is greater than 0.150%. The penalties are increased for an Extreme DUI as opposed to a DUI. The sentences for an Extreme DUI and a second offense Extreme DUI are different.
Super Extreme DUI
If an individual is arrested with a BAC level of 0.200 or higher, it is considered a Super Extreme DUI in Arizona. A Super Extreme DUI carries more severe penalties. A Super Extreme DUI carries a mandatory minimum 45-day jail sentence, higher fines, and fees. A Super Extreme DUI is the first offense for a Super Extreme DUI.
What is a second offense DUI?
A second offense DUI is a second DUI arrest within seven years (eighty-four months). The prior DUI conviction can be from Arizona or another state.
But there can be legal issues with the DUI laws from other states, so it is important to have an experienced DUI lawyer help you with your case.
It’s important to note that a “Second Offense Extreme DUI” or “Second Offense Super Extreme DUI” doesn’t require that a person have a prior Extreme DUI or Super Extreme DUI conviction in order to be charged with a second offense.
A person could have a DUI Impaired to the Slightest Degree conviction and, if arrested for a Super Extreme DUI within the following seven years, face the second offense Super Extreme DUI consequences.
Despite the harsh penalties, both first and second offense Extreme and Super Extreme DUIs can still be categorized as misdemeanor offenses.
What is an Aggravated DUI?
The Arizona legislature created the Aggravated DUI charge to punish 3 or more instances of DUI within 7 years (date of the violation to date of violation).
- It can also be used to charge a DUI charge while a driver has restrictions on their driver’s license, such as a restricted, suspended, or revoked license or a required ignition interlock device.
- This charge can also be used to charge a DUI while driving the wrong way on a highway.
- Finally, if a passenger under 15 years old is in the vehicle, the charge can be used.
DUI under the influence of alcohol or drugs, with a passenger under 15 years of age in the vehicle, is a Class 6 felony. DUI with a passenger under 15 years of age in the vehicle, when the driver has a prior DUI or has a passenger under 15 years of age in the vehicle, is a Class 4 felony. A possible sentence for a Class 6 felony is supervised probation with a jail sentence. A possible sentence for a Class 4 felony is 3.75 years in the Department of Corrections.
What are the penalties for an Extreme & Super Extreme DUI in Arizona?
Arizona has some of the harshest penalties for DUIs in the country. The penalties are severe for an Extreme DUI or Super Extreme DUI, even for individuals without a prior criminal history.
| DUI | Extreme DUI | Super-Extreme DUI | |
|---|---|---|---|
| First Offense | “Impaired to the Slightest Degree” -or- “Regular” DUI over .08 legal limit -or- Drug DUI (illegal or prescription) | BAC of .150 or Greater | BAC of .200 or Greater |
| Charge | Class 1 Misdemeanor (criminal charge) | Class 1 Misdemeanor (criminal charge) | Class 1 Misdemeanor (criminal charge) |
| Jail Time | Mandatory Minimum 10 days—no more than 9 days can be suspended for completion of alcohol screening and program | Mandatory Minimum 30 days—work release, home detention, and interlock may alter actual jail days required | Mandatory Minimum 45 days—work release, home detention, and interlock may alter actual jail days required |
| Fines | •Fine of at least $250 plus surcharges •$500 Prison Construction Fund •$500 Public Safety Equipment Fund •Other possible reimbursements, fees, or assessments | • Fine of at least $250 plus surcharges •$1,000 Prison Construction Fund •$1,000 Public Safety Equipment Fund •$250 DUI Abatement Fee •Other possible reimbursements, fees, or assessments | • Fine of at least $500 plus surcharges •$1,000 Prison Construction Fund •$1,000 Public Safety Equipment Fund •$250 DUI Abatement Fee •Other possible reimbursements, fees, or assessments |
| Result | •Substance Abuse Screening and Treatment Program •MADD Victim Impact Panel •Probation •Driver’s License Suspension •Ignition Interlock Device •Other MVD-related consequences | •Alcohol Screening and Treatment Program •MADD Victim Impact Panel •Probation •Driver’s License Suspension •Ignition Interlock Device •Other MVD-related consequences | •Alcohol Screening and Treatment Program •MADD Victim Impact Panel •Probation •Driver’s License Suspension •Ignition Interlock Device •Other MVD-related consequences |
Consequences for Subsequent Offenses
| DUI | Aggravated DUI | |
|---|---|---|
| Subsequent Offense(s) | Second Offense DUI- Second DUI conviction within 84 months (whether first DUI was in Arizona or another state) Second Offenses also incorporate the above-referenced levels of Impaired to the Slightest Degree/Regular; Extreme; and Super Extreme DUIs | Aggravated DUI- •3rd DUI in 84 months; -or- •DUI while license suspended/revoked/canceled; -or- •DUI while required to have interlock; or •DUI while driving the wrong way on the highway; -or- •DUI while a passenger under 15 years of age in a vehicle |
| Charge | Class 1 Misdemeanor (criminal charge) | Class 4 Felony (criminal charge) for all Aggravated DUIs – except – Class 6 Felony (criminal charge) for DUI with a passenger under 15 years of age in the vehicle only |
| Jail Time | Minimum 90 days in jail, maximum 180 days in jail — work release, home detention, and interlock may alter actual jail days required | For Class 4 Felonies, minimum of 4 months in prison For Class 6 Felony, a jail sentence may be possible |
| Fine(s) | •Fine of at least $500 plus surcharges; fine of at least $1,000 plus surcharges for Super Extreme •$1,250 Prison Construction Fund •$1,250 Public Safety Equipment Fund •$250 DUI Abatement Fee for Extreme and Super Extreme •Other possible reimbursements, fees, or assessments | •Minimum $750 fine plus surcharges •$1,500 DUI Assessment •$1,500 Prison Construction Fee •$250 DUI Abatement Fee •Probation Fees •Other possible reimbursements or assessments |
| Result | •Alcohol Screening and Treatment Program •MADD Victim Impact Panel •Community Restitution (community service) •Probation •Driver’s License Suspension •Driver’s License Revocation •Ignition Interlock Device •Other MVD-related consequences | •Supervised Probation •Substance Abuse Screening and Program •Possible Urinalysis Testing for Substance Use •Driver’s License Revocation •Ignition Interlock Device after revocation •Other MVD-related consequences |
Penalties for Extreme DUI
The first Extreme DUI offense in Arizona includes a minimum fine of $250 plus state and local surcharges, two $1,000 assessments, and a special $250 Abatement fee. You must serve a mandatory, minimum sentence of 30 days in jail, which can be suspended if you install an ignition interlock for at least one year. Your driver’s license is suspended for at least 90 days and you must install an ignition interlock for at least one year.
An Extreme DUI in Arizona within seven years of a previous conviction carries a $1,000 minimum fine, $1,250 assessment, $250 DUI abatement fee, an additional $250 surcharge, along with court costs and other fees. The sentence includes a minimum 120-day jail sentence and a year of lost driving privileges. Moreover, the offender must install an ignition interlock device for a minimum of 1 year to get their driving privileges back.
Penalties for Super Extreme DUI
A first Super Extreme DUI requires the offender to pay a minimum fine of $500 plus state and local surcharges, two $1,000 assessments, a special $250 DUI Abatement fee, along with other fees and jail costs. The offender is required to serve a mandatory, minimum jail sentence of 45 days, part of which can be suspended if the offender has an ignition interlock installed in the vehicle for at least one year. The person will have a driver’s license suspension of at least 90 days and is also required to install an ignition interlock for a minimum of 18 months.
A Second Super Extreme DUI conviction, after any previous DUI conviction, carries a mandatory, minimum fine of $1,000 plus state and local surcharges, two $1,250 assessments, a special $250 DUI Abatement fee, along with jail costs and other fees. The offender is required to serve 180 days in jail, and their driving privileges will be revoked for a minimum of 1 year. In order to reinstate their driver’s license, the person will also be required to install an ignition interlock device in their vehicle for 24 months.
Conclusion About Extreme and Super Extreme DUI
The state of Arizona has some of the strictest laws in the country when it comes to DUI. Extreme and Super Extreme DUI cases are critical and may lead to fatal crashes given that the person’s judgment, ability to appropriately divide their attention, reaction times, and motor skills are often severely compromised at those blood alcohol levels.
These harsh laws are in place to discourage people from driving after drinking a large amount of alcohol—of course, we also recognize that good decision-making and judgment are compromised by alcohol intake. The best advice to avoid these serious punishments is to have a sober driver and to know your rights.