Super Extreme DUI With Prior Conviction


Super extreme DUI convictions can result in very harsh penalties. Arizona takes a very punitive approach to DUIs, especially compared to other countries. If you are charged with super extreme DUI and you have a prior conviction, you may be facing especially challenging consequences. Phoenix DUI attorney James E. Novak is a former prosecutor who may be able to represent you. He understands how prosecutors think about these serious charges, especially when a defendant has a prior conviction, and can potentially put his insights to work for you.

If you’re arrested with a blood alcohol content level of 0.15 - 0.19%, you may be charged with an extreme DUI, which is one level down in seriousness from a super extreme DUI. Extreme DUIs also carry harsh consequences, including potential jail time, fines of $2500, and fees. If convicted, you will need to serve a mandatory 30 days in jail. Part of this jail sentence might be suspended if you have an ignition interlock device installed, but you have to install the ignition interlock device at your own cost for a full year. You may lose your driver’s license for 90 days, even for a first extreme DUI. The penalties are harsher if you get a second extreme DUI within 7 years of previously being convicted. You may need to serve a mandatory 120 days in jail.

If you are arrested with a blood alcohol content level of at least 0.20, you may be charged with a super extreme DUI. The ordinary legal limit for blood alcohol content is .08% and a super extreme DUI involves 2 ½ times the legal limit and is therefore penalized even more harshly. The penalties for a first super extreme DUI conviction include $3250 fine, plus jail costs and other fees. You may need to serve 6 months in jail and your driving privileges may be suspended for at least a year. You may need to install an ignition interlock device.

If you have a prior DUI conviction within 83 months of any DUI charge, even one involving ordinary drunk driving, and are charged with a second super extreme DUI, the penalties are quite harsh.

With a prior conviction, a super extreme DUI charge can mean that you will face 180 days or 6 months of incarceration, fines and costs that are more than $4600, and your driving privileges can be suspended or revoked for at least a year. Unlike with other DUIs, there is no temporary license for which you can apply. You may need to install an ignition interlock device on your car for 24 months. You can face probation for a maximum of 5 years with a minimum of 30 hours of community service and possible vehicle impoundment. The state has among the harshest laws in the country with regard to DUI. You may need to attend a MADD victim impact panel and the court may require you to go to traffic school, too.

Super extreme cases sometimes involve crashes that result in serious injuries or fatalities, and this can result in a longer period of incarceration if you are convicted.

If you are charged with a super extreme DUI with a prior conviction, you shouldn’t assume that the prosecuting attorney’s victory is certain or that the lab test results guarantee them a win. There are defenses you may be able to raise. Some of these defenses are constitutional or procedural. You may be able to show, for example, that you were pulled over even though the police officer didn’t have a reasonable suspicion of wrongdoing. It may be possible to show flaws in the blood testing that resulted in a blood alcohol content reading of .20% or higher. If you can get important evidence such as lab results from blood testing suppressed, it may be possible to get the charges reduced, or in some cases dismissed.

If you are charged with a super extreme DUI with a prior conviction, you can talk to a skilled DUI lawyer about what your available defenses are. Mr. Novak defends clients facing criminal charges in and around the Phoenix area, including in Gilbert, Chandler, Mesa, and across Maricopa County. Call him at (480) 413-1499 or contact us via our online form.