If you are facing an Extreme DUI Charge in Goodyear, AZ, you need a strong legal defense to fight back against the severe penalties associated with this charge. At AZ DUI Pros, our experienced DUI attorneys are here to help you understand your legal options. We know how stressful these charges can be, and we’re ready to build a defense strategy that fits your case. If you or a loved one is facing an Extreme DUI Charge, call us today at (602) 922-3755 for a free consultation.
An Extreme DUI Charge in Arizona is defined under A.R.S. § 28-1382(A)(1) and applies when a driver’s blood alcohol concentration (BAC) is 0.15% or higher within two hours of operating a vehicle. This level of intoxication carries harsher penalties than a standard DUI, including mandatory jail time, fines, and a license suspension. Understanding what must be proven in court is crucial to fighting these charges.
Elements That Must Be Proven for an Extreme DUI Charge
To convict someone of an Extreme DUI Charge, the prosecution must establish the following elements:
1. The Defendant Was in Actual Physical Control of a Vehicle
Arizona law defines “actual physical control” broadly, meaning you do not need to be driving to be charged. Sitting in a parked car while intoxicated with the keys in the ignition may still qualify.
2. The Defendant’s BAC Was 0.15% or Higher
The prosecution must present scientific evidence, typically breathalyzer or blood test results, showing that the defendant’s BAC was at or above 0.15% within two hours of driving or being in control of the vehicle.
3. Proper Testing Procedures Were Followed
Arizona has strict DUI testing requirements. If the breathalyzer was not calibrated correctly or the blood test was handled improperly, the results may be challenged in court.
4. The Arrest Was Conducted Lawfully
The officer must have had reasonable suspicion to make the traffic stop and probable cause for the arrest. If the stop or arrest violated constitutional rights, the charges may be dismissed.
The Role of Field Sobriety Tests in an Extreme DUI Charge
Field Sobriety Tests (FSTs) play a crucial role in Extreme DUI Charge cases in Goodyear. When an officer suspects a driver is under the influence, they may conduct FSTs to assess the driver’s level of impairment before making an arrest. However, these tests are not foolproof, and their reliability can be challenged in court.
Common Field Sobriety Tests Used in Extreme DUI Cases
Arizona law enforcement officers typically use three standardized field sobriety tests as part of a DUI investigation:
- Horizontal Gaze Nystagmus (HGN) Test – The officer asks the driver to follow an object (usually a pen or flashlight) with their eyes. If the eyes jerk involuntarily at certain angles, the officer may suspect impairment.
- Walk-and-Turn Test – The driver must walk heel-to-toe in a straight line, turn, and return. Losing balance, stepping off the line, or failing to follow instructions may be viewed as signs of intoxication.
- One-Leg Stand Test – The driver must stand on one leg while counting aloud. If they sway, hop, or put their foot down, it may be interpreted as a sign of impairment.
These tests are subjective and depend on the officer’s interpretation. A person could fail these tests for reasons unrelated to alcohol consumption, such as medical conditions, nervousness, or poor coordination.
How Field Sobriety Tests Impact an Extreme DUI Charge
In an Extreme DUI Charge case, officers often use FSTs to justify probable cause for arrest before conducting a breathalyzer or blood test. However, failing an FST does not automatically mean a person is guilty of an Extreme DUI Charge. Many factors can affect performance, including:
- Weather conditions (rain, uneven pavement, or poor lighting).
- Physical impairments (leg injuries, balance disorders, or neurological conditions).
- Improper instructions given by the officer.
- Nervousness and stress during the test.
Since an Extreme DUI Charge requires a BAC of 0.15% or higher, FST results alone are not enough to secure a conviction. However, prosecutors often use them to support their case.
Challenging Field Sobriety Test Results in an Extreme DUI Charge Case
A skilled DUI attorney, such as those at AZ DUI Pros, can challenge FST results by questioning:
- The officer’s training and experience in administering the tests.
- Whether the driver’s physical condition affected performance.
- If external factors (e.g., lighting, road conditions) influenced the test results.
- Whether the officer gave clear instructions.
In many Extreme DUI Charge cases, FST results can be successfully contested, leading to reduced or dismissed charges. If you have been charged with an Extreme DUI Charge, call AZ DUI Pros at (602) 922-3755 today for a consultation.
Penalties for an Extreme DUI Charge in Arizona
Under A.R.S. § 28-1382, an Extreme DUI Charge carries harsh penalties, including:
-
First-time offense:
- Mandatory 30 days in jail (with the possibility of reducing to 9 days with an ignition interlock device)
- Fines exceeding $2,500
- Driver’s license suspension for 90 days
- Mandatory alcohol education classes
-
Second-time offense within 7 years:
- Mandatory 120 days in jail
- Fines exceeding $3,500
- Driver’s license revocation for one year
- Longer ignition interlock requirement
If convicted of an Extreme DUI Charge, the consequences can have a lasting impact on your personal and professional life. That’s why it’s crucial to work with experienced DUI attorneys like AZ DUI Pros. Call us at (602) 922-3755 to start your defense.
Hypothetical Scenario 1: The Weekend Mistake
John, a Goodyear resident, attended a friend’s birthday party where he had several strong cocktails. Thinking he was sober enough, he decided to drive home. A police officer pulled him over for swerving between lanes. The officer suspected impairment and administered a breathalyzer test. John’s BAC registered at 0.17%, well above the Extreme DUI Charge threshold.
Under A.R.S. § 28-1382, John was arrested and charged with an Extreme DUI Charge. The officer’s report stated he exhibited slurred speech and bloodshot eyes. However, John’s attorney at AZ DUI Pros reviewed the case and discovered that the breathalyzer was not properly calibrated before testing. By challenging the validity of the test, John’s attorney was able to negotiate a reduced charge.
This scenario demonstrates how technical errors can be used to defend against an Extreme DUI Charge. If you or someone you know is facing similar charges, contact AZ DUI Pros at (602) 922-3755 today.
Hypothetical Scenario 2: Sleeping It Off in the Car
Maria attended a work event in Goodyear, where she had a few glasses of wine. Knowing she had too much to drink, she decided to sleep in her parked car instead of driving home. The engine was off, but her keys were in the cup holder.
A Goodyear police officer noticed Maria asleep in her car and knocked on her window. After a conversation, the officer asked Maria to take a breathalyzer test, which showed a BAC of 0.16%. Despite not actively driving, she was charged with an Extreme DUI Charge under A.R.S. § 28-1382.
Maria’s attorney from AZ DUI Pros argued that she was not in actual physical control of the vehicle, leading to the case being dismissed. This case highlights the importance of legal defense in fighting an Extreme DUI Charge. If you need help with your case, call AZ DUI Pros at (602) 922-3755.
The Difference Between an Extreme DUI Charge and a Super Extreme DUI Charge
While an Extreme DUI Charge in Arizona is serious, a Super Extreme DUI Charge carries even harsher penalties. Both offenses fall under A.R.S. § 28-1382, but they have different BAC thresholds and consequences. Understanding the difference between these charges is crucial if you are facing DUI allegations in Goodyear.
What is an Extreme DUI Charge?
An Extreme DUI Charge applies when a driver’s BAC is 0.15% or higher within two hours of driving. As discussed earlier, this charge results in mandatory jail time, license suspension, and hefty fines.
What is a Super Extreme DUI Charge?
A Super Extreme DUI Charge applies when a driver’s BAC is 0.20% or higher, significantly exceeding the legal limit. This is considered one of the most severe DUI offenses in Arizona and results in much harsher penalties.
Penalties for an Extreme DUI Charge vs. Super Extreme DUI Charge
| Charge | BAC Level | Minimum Jail Time | Fines & Fees | License Suspension |
|---|---|---|---|---|
| Extreme DUI Charge | 0.15% – 0.19% | 30 days | $2,500+ | 90 days |
| Super Extreme DUI Charge | 0.20% or higher | 45 days | $3,000+ | 1 year |
A Super Extreme DUI Charge comes with a longer minimum jail sentence, higher fines, and stricter penalties, making it more damaging than an Extreme DUI Charge.
Defending Against Extreme and Super Extreme DUI Charges
Regardless of whether you are facing an Extreme DUI Charge or a Super Extreme DUI Charge, there are potential defense strategies to fight these allegations. Some common defenses include:
- Challenging the Breathalyzer Results – Breathalyzer machines must be regularly calibrated and maintained. If there was an issue with the device or its administration, the BAC results may be invalid.
- Questioning the Legality of the Stop – Police officers must have reasonable suspicion to initiate a traffic stop. If the stop was unlawful, the evidence may be suppressed.
- Proving a Medical Condition Affected BAC Readings – Certain medical conditions (e.g., acid reflux, diabetes) can produce falsely high BAC readings.
- Arguing a Rising BAC Defense – Alcohol takes time to absorb into the bloodstream. If you consumed alcohol right before driving, your BAC may have risen after you were pulled over.
Why It’s Important to Have an Experienced DUI Attorney
If you are facing an Extreme DUI Charge or a Super Extreme DUI Charge, hiring a skilled DUI attorney can significantly impact your case. The penalties for these charges can be life-changing, affecting your freedom, finances, and future opportunities.
At AZ DUI Pros, we specialize in fighting DUI cases in Goodyear and throughout Arizona. Our experienced attorneys know how to challenge breathalyzer results, police procedures, and the prosecution’s case.
If you or a loved one has been charged with an Extreme DUI Charge, don’t wait. Call AZ DUI Pros at (602) 922-3755 for a free consultation today.
Relevant Arizona DUI Statutes
- A.R.S. § 28-1381 – Standard DUI laws and penalties
- A.R.S. § 28-1382 – Extreme and Super Extreme DUI charges
- A.R.S. § 28-1385 – Administrative license suspensions for DUI arrests
Frequently Asked Questions (FAQs)
1. Can I Refuse a Breathalyzer Test in Arizona?
Arizona has implied consent laws, meaning refusal results in an automatic license suspension.
2. How Can I Fight an Extreme DUI Charge?
Possible defenses include improper testing procedures, constitutional violations, and lack of actual physical control.
3. Will an Extreme DUI Stay on My Record?
Yes, DUI convictions remain on your record indefinitely in Arizona, impacting future legal issues.
4. Do I Need a Lawyer for an Extreme DUI Charge?
Yes. DUI penalties in Arizona are severe, and legal representation improves your chances of reducing or dismissing charges.
5. How Can I Contact AZ DUI Pros?
Call (602) 922-3755 today for a free consultation.
Conclusion
Facing an Extreme DUI Charge in Goodyear is a serious matter, but you don’t have to fight it alone. The attorneys at AZ DUI Pros have the experience and knowledge to challenge the prosecution’s evidence, identify procedural errors, and fight for the best possible outcome.
Don’t risk your freedom. Call AZ DUI Pros now at (602) 922-3755 for a free case evaluation and let us help you navigate the complexities of an Extreme DUI Charge.
