ARS 28-1382 (A)(2) Super Extreme DUI

Under Arizona law, ARS 28-1382 (A)(2) considers a person guilty of DUI if they are caught driving with a blood alcohol concentration (BAC) of 0.20%

 

 

This page will discuss all that you need to know about being charged with ARS 28-1382 in Arizona, including a breakdown of the Penalties, Fees and DUI defenses to help get your charges reduced or even dismissed!

 

Continue reading below. If you have any questions, contact DUI attorney Arja Shah today.

 

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Arizona Super Extreme DUI Defense From The Shah Law Firm

Being accused of a DUI offense in Arizona, specifically ARS 28-1382 (A)(2) Super Extreme DUI, can be a terrifying experience.

The gravity of the charges, coupled with the potential severity of penalties, can feel overwhelming.

But hope isn’t lost.

With a seasoned DUI defense lawyer, like those at The Shah Law Firm, your case can be deftly handled, guiding you towards the best possible outcome.

According to a 2018 Arizona Department of Transportation report, over 4,000 DUI arrests were made where the blood alcohol concentration (BAC) was above the Super Extreme limit of 0.20%.

This suggests the seriousness with which Arizona law enforcement treats these offenses.

In this in-depth exploration, we’ll discuss the following topics:

 

Driving under the influence is a serious risk, but if you face charges under ARS 28-1382 (A)(2), remember you’re not alone. The Shah Law Firm is available to help.

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What is ARS 28-1382 (A)(2) Super Extreme DUI?

ARS 28-1382(A)(2), also known as the Super Extreme DUI, is an Arizona law that categorizes driving with a blood alcohol concentration (BAC) of 0.20% or more as a severe and separate offense.

The law acknowledges the heightened risk that such drivers pose on Arizona roads.

Arizona has one of the strictest DUI laws in the country, and Super Extreme DUI is a testament to that.

The rationale behind it is straightforward; the higher the BAC, the more impaired a person’s driving abilities become, escalating the likelihood of accidents.

What are the Potential Penalties for a Super Extreme DUI Conviction in Arizona?

Under the law, first-time Super Extreme DUI offenders face a sentence of at least 45 days to a maximum of six months in local county jail, coupled with a probationary period that could extend up to five years.

A financial penalty, including fines and surcharges, can amount to $3,218.

Additionally, the convicted individual will be obligated to participate in alcohol-related counseling, educational sessions, and screenings and complete a designated period of community service.

One of the repercussions of a Super Extreme DUI conviction is the mandatory installation of an ignition interlock device at the defendant’s expense.

This device needs to be rented and maintained for 18 months.

Upon conviction, the individual’s driving license is suspended for 90 days.

After the initial 30-day suspension period, a restricted driving permit may be obtainable, allowing the individual to commute to work or school. If the individual is convicted of a DUI (or Reckless Driving), eight points will be added to the license, necessitating attendance at Traffic Survival School.

Moreover, the MVD (Motor Vehicle Division) might mandate SR-22 insurance to be maintained for up to three years.

SR-22 insurance isn’t an insurance policy.

Instead, it is a certificate acting as proof of insurance, with SR standing for “Safety Responsibility.”

This requirement could lead to the auto insurance company increasing its rates or terminating the individual’s policy.

Navigating the Accuracy of Breathalyzer Tests in DUI Cases: Influencing Factors and Potential Discrepancies

Breathalyzer tests, widely used by law enforcement agencies to estimate a driver’s blood alcohol concentration (BAC), have been instrumental in DUI arrests. However, the accuracy of these devices isn’t absolute and can be influenced by an array of factors.

Therefore, when questioning, “Are breathalyzer tests always accurate in determining BAC levels?” it’s essential to consider various influencing elements.

The device’s calibration is a pivotal aspect of the accuracy of breathalyzer tests.

Like sophisticated equipment, breathalyzers need regular maintenance and calibration to ensure reliable readings. Inaccurate results may arise if the device hasn’t been correctly calibrated or has been a while since its last calibration.

The proficiency of the law enforcement officer administering the breathalyzer test can also significantly impact its accuracy.

If the officer lacks the appropriate training or experience, the test might not be carried out correctly, leading to potentially skewed results.

Moreover, certain medical conditions can interfere with the breathalyzer readings.

Conditions such as acid reflux or diabetes might alter the levels of alcohol detected by the breathalyzer, which might not correspond to the actual BAC.

“Can external factors influence the accuracy of breathalyzer results?” is another vital question.

Indeed, several external factors can interfere with the results of a breathalyzer test:

  • Residual Mouth Alcohol: Alcohol in the mouth can inflate the breathalyzer readings. This can occur if you’ve recently used mouthwash, cough syrup, or even consumed alcoholic beverages shortly before the test.
  • Certain Medications: Some medications may contain alcohol or affect the mouth and throat’s mucous membranes, leading to residual alcohol that can impact the breathalyzer results.
  • Dietary Considerations: Specific diets, especially low-carb ones, might result in the production of ketones. These ketones can mimic alcohol when oxidized by the breathalyzer, possibly leading to a false positive.

While breathalyzer tests are a common and valuable tool in DUI law enforcement, they aren’t always accurate. Internal and external factors can impact their readings, making it imperative to scrutinize these results, especially when they form the basis of a Super Extreme DUI charge.

It’s precisely in such situations where the expertise of a seasoned DUI defense lawyer can make a critical difference, ensuring all factors are considered in the pursuit of a fair outcome.

Contesting Traffic Stops and Arrests in Super Extreme DUI Cases

For a traffic stop to be valid in a Super Extreme DUI case, the officer must have reasonable suspicion that the driver is committing a traffic violation or is involved in criminal activity.

The officer’s observation of erratic driving, speeding, or other traffic infractions often serves as the basis for this suspicion.

An officer can indeed arrest for a Super Extreme DUI without conducting field sobriety tests.

If the officer has probable cause to believe that the driver is under the influence, they may make an arrest.

This probable cause can come from the officer’s observations of the driver’s behavior, the smell of alcohol, or admission of drinking.

 

 

What are the legal requirements for Miranda rights during a Super Extreme DUI arrest?

During a Super Extreme DUI arrest, the officer must inform you of your Miranda rights before custodial interrogation occurs.

This includes the right to remain silent, the right to an attorney, and the warning that anything you say can and will be used against you in court.

Failure to read these rights may provide grounds to challenge the admissibility of any evidence obtained during the interrogation.

Hire an Experienced DUI Defense Attorney

Hiring an experienced DUI defense attorney for Super Extreme DUI cases is crucial due to the complexity and severity of the potential penalties.

An attorney with expertise in this area will understand the scientific, legal, and procedural nuances of defending such a case.

They can examine all aspects of the stop, arrest, and evidence to challenge weaknesses or violations.

Remember, don’t take chances if you’re charged with a Super Extreme DUI in Arizona.

Seek expert legal advice from a firm like The Shah Law Firm, which specializes in DUI defense.

It’s not just about tackling the charges at hand but also mitigating the potential long-term consequences.

With the proper legal guidance, you can face the challenges head-on, armed with knowledge, strategy, and confidence.

Differentiating Between Regular DUI, Extreme DUI, and Super Extreme DUI Charge

While all DUI charges are serious, Arizona law differentiates between regular, Extreme, and Super Extreme DUI.

The stakes rise significantly with each escalating charge, highlighting the importance of an accurate BAC test to determine the exact level of alcohol in your system at the time of driving.

E

Regular DUI

Regular DUI is charged when your BAC is 0.08% or more but less than 0.15%.

 

E

Extreme DUI

An Extreme DUI is used when your BAC falls between 0.15% and less than 0.20%. 

 

E

Super Extreme DUI

If your BAC is 0.20% or more, you’ll be charged with Super Extreme DUI, which carries the heaviest penalties of the three.

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Top 5 FAQs About ARS 28-1382 (A)(1)

Below are the most common questions we are asked when a person has been arrested and charged with a super extreme DUI.

What differentiates a Super Extreme DUI from a standard DUI under Arizona's ARS 28-1382 (A)(2)?

A Super Extreme DUI is a more severe category of DUI charge in Arizona. It’s designated when a driver’s blood alcohol concentration (BAC) measures 0.20% or more, significantly above the 0.08% limit for a standard DUI. The penalties for a Super Extreme DUI are consequently more severe, including longer jail sentences, higher fines, and prolonged license suspensions.

 

What should I know about the Ignition Interlock Device requirement following a Super Extreme DUI conviction?

If you’re convicted of a Super Extreme DUI, you’ll be required to install an Ignition Interlock Device in any vehicle you drive. This device prevents your car from starting unless you provide a breath sample that is under the legal limit. The cost for the device’s installation and maintenance is typically borne by the convicted individual.

 

Can I dispute the blood test results in a Super Extreme DUI case, especially if I have a medical condition or was on a specific diet at the time of the test?

Yes, it is possible to challenge the blood test results. Certain medical conditions, like diabetes, or specific diets, like the ketogenic diet, can sometimes affect BAC readings. An experienced DUI defense attorney can potentially use these factors to challenge the validity of the test results in court.

 

What rights do I have during a traffic stop that could lead to a Super Extreme DUI charge, and how can these be used in my defense?

During a traffic stop, you have the right to remain silent and not incriminate yourself. Any evidence obtained in violation of these rights can be challenged in court. Furthermore, the officer must have a valid reason, or “reasonable suspicion,” to initiate the traffic stop. If this can be contested, it may form a crucial part of your defense strategy.

 

Is it possible to mitigate the penalties for a Super Extreme DUI conviction if it's my first offense, and how can a defense attorney help in this scenario?

While the penalties for a Super Extreme DUI are set by law, there is still room for negotiation, especially for first-time offenders. A skilled DUI defense attorney can negotiate on your behalf, potentially securing reduced charges or alternative sentencing options such as probation, alcohol education programs, or community service.

 

 

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