Arizona, unlike many states, uses a driver’s blood alcohol content (BAC) to differentiate between a regular driving under the influence (DUI) charge and different charges with higher penalties. A person may be charged with Super Extreme Misdemeanor DUI/DWI in Arizona if their BAC is 0.20 percent or higher, and although this crime is still a misdemeanor, the penalties are much higher. For a driver who is charged with a second time Super Extreme DUI, the penalties can be rather severe.
Here is a short video outlining the consequences of a 2nd Offense Super Extreme DUI/DWI in Arizona:
If someone is convicted of Super Extreme DUI/DWI a second time within 84 months of the first conviction, they are considered to be a second time offender. Penalties for a second offense of this statute in Arizona are severe, and there is little leeway for a judge to give the offender a lesser sentence. Penalties include:
- Jail Time – 180 days mandatory with no sentence range. 90 days of the sentence must be served consecutively, which means weekend service is not an option. The judge can sentence the defendant to weekend service for the final 90 days, however. The defendant is not eligible for parole or probation until the entire 180 days is completed.
- Fines – No less than $2,000, and may include restitution and incarceration costs. Incarceration costs could be over $18,500.
- Assessments – The defendant must pay a $250 assessment toward the State Driving Under the Influence Abatement Fund; $1,250 to the Prison Construction and Operations Fund; $1,250 to the Public Equipment Safety Fund.
- Community Service – The defendant must perform 30 hours of community restitution.
- Driving Privileges – The defendant’s driver’s license is revoked for one year. During this revocation, a work permit may not be issued.
- Ignition Interlock Device – On any vehicle driven by the defendant, an ignition interlock system must be installed for 24 months after the license is reinstated. Installing and maintaining the interlock system is at the expense of the defendant ($2,400).
- Substance Abuse Counseling – Anyone convicted of a second Super Extreme DUI offense must obtain a substance abuse evaluation and undergo any counseling recommendations that result from that evaluation. You will be required to pay $100 for the screening and $1,000 for 36 classes.
- Victim Impact Panel – A judge may order the defendant to attend a Mothers Against Drunk Drivers (MADD) Victim Impact Panel ($100).
The 84 month provision is determined by the dates the offense was committed regardless of the sequence in which the offenses were committed. If you have served your time in jail and paid the $26,850 in jail costs, classes, and fines and still want to drive legally, your car insurance rates will increase at least $3,000 a year for 3 years ($9,000) and you’ll also be required to carry an SR-22 policy on your car which will cost $500 per year for 3 years ($1,500). With that you’re total costs are north of $37,000 just to drive after a conviction for a 2nd offense Super Extreme DUI in Arizona.
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In addition to jail time, monetary costs and time out of someone’s schedule to attend counseling, Victim Impact Panels or Community Service, a conviction under the statute could also cause significant professional consequences. For those who hold Commercial Driver’s License (CDL), their CDL license will be revoked, even if they were not driving a commercial vehicle. In some industries, such as law or medical, the conviction could result in job loss.
With the consequences for second time Super Extreme DUI so extreme, it is important to choose a highly skilled, qualified defense attorney. If you or a loved one are facing charges under ARS statute 28-1382(D)(1), contact us online or by telephone at (602) 737-2812 for your free case consultation to see how we may be able to help.