A.R.S. § 28-1382(A)(1) — Extreme DUI


Under A.R.S. § 28-1382(A)(1), a person commits an extreme DUI by driving or being in actual physical control of a vehicle with a blood alcohol concentration of 0.15% or more, but less than 0.20%, within two hours of driving.

Penalties — First Offense

  • Minimum 30 consecutive days in jail (a portion may be suspended with ignition interlock and screening)
  • Fines and assessments totaling approximately $2,500 or more
  • Mandatory alcohol screening and treatment
  • Installation of a certified ignition interlock device for 12 months
  • 90-day license suspension

Defenses

Defenses focus heavily on the BAC evidence. Challenges to the blood draw procedure, the calibration of testing instruments, the chain of custody of the sample, and retrograde extrapolation calculations can all be effective. If the BAC evidence is suppressed or undermined, a reduction to a standard DUI or dismissal may be possible.

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