What are the Differences Between Standard DUI, Extreme DUI, and Aggravated DUI in Arizona?
Driving under the influence is a hot topic in the legal field—many people who are charged with this offense are seeking out legal representation to help them better understand the charges against them as well as the options that they have from this point moving forward. In the state of Arizona, a standard DUI charge is a misdemeanor, but it can quickly escalate to a felony charge of extreme or aggravated DUI, depending on the circumstances present at the time of the traffic stop.
In order to help people better understand the laws in Arizona regarding DUIs, the different types, and what each entails in terms of punishment and penalties, we’ve put together this guide. Of course, nothing replaces the dedicated assistance of a trusted DUI lawyer when you’re battling a charge of your own but getting educated is a step in the right direction.
Read on to learn all about the different DUI charges and what they mean, as well as what you can do to get the best outcome in your case.
Standard DUI
Arizona law sets the legal limit for alcohol at .08, which is the limit in several states across the country. Although alcohol affects everyone differently, this is the limit at which it is believed that people are “too intoxicated” to safely operate a motor vehicle. Anyone who is pulled over and suspected of driving under the influence will be subject to a field sobriety test and breathalyzer, which will determine whether they are intoxicated and what their blood alcohol content is.
Anyone driving with a BAC of .08 or higher will be charged with a standard DUI. This is a misdemeanor charge, and it carries with it fines and penalties like license suspension, mandatory safe driving or drunk driving classes, community service or probation, and even jail time in some instances, depending on the circumstances. If a person has a DUI on their record, the charges may be escalated. As you’ll see below, more than 2 DUIs in 7 years result in the third being charged as an aggravated (felony) DUI.
Exceptions to the Law
Arizona has a couple of exceptions to the standard DUI law that need to be considered here. While any driver over the age of 21 is subject to the standard rules here, there are special exceptions for:
Commercial drivers: Any commercial driver is subject to a lower BAC of .04, even in their personal vehicle, and will be charged with a DUI for anything higher. In the event they are working at the time of the incident, it could aggravate the charges.
Drivers under 21: Any driver in the state that is under the age of 21 (the legal drinking limit) will be immediately charged with a DUI regardless of their BAC. If ANY alcohol is found in their system, the DUI will be assessed.
Extreme DUI
An extreme DUI is a charge that refers to the blood alcohol concentration (BAC) of the driver. This is charged at a misdemeanor, just like a standard DUI, but the penalties will be more severe because of the extreme nature of the driver’s BAC. In Arizona, the legal limit is .08, and any driver over that limit can be charged with a DUI.
In the case of an extreme DUI, the driver will have recorded a .15 BAC, and anything over a .20 BAC will be charged as what is called a “super extreme DUI”—basically emphasizing to the legal system that the driver was excessively and recklessly intoxicated, escalating the penalties that they should face for their charge.
Again, penalties here usually include fines, jail time, community service, probation, license suspension, mandatory drunk driving or driver safety courses, and other punishments. They will simply be much more severe than those assessed for a standard DUI because of the extreme nature of the case.
Aggravated DUI
According to Arizona law, an aggravated DUI is one that involves select “aggravating factors” when the driver is stopped or the arrest takes place. These factors are ones that are considered so significant that they make an otherwise minor misdemeanor a serious felony charge. There are several things that could escalate a standard DUI charge to the aggravated status, including the items listed below.
- Driving without a proper license: Any driver who is pulled over for a DUI with a license that is suspended, revoked, or restricted, will be charged with an aggravated crime.
- Multiple DUI charges: If a driver has more than two DUIs on their record within the past seven (7) years, they will be charged at an aggravated level.
- • Property damage or injury: In the event that the driving under the influence damaged property or injured another person, the case will be charged as an aggravated DUI.
- Passenger age: In Arizona, if there is a passenger under the age of 15 in the vehicle at the time of the DUI arrest, the charges will be escalated.
- • Wrong-way drivers: Any driver that is driving the wrong way on the road when pulled over for a DUI will automatically be assessed an aggravated DUI charge.
- Interlock compliance: Any driver that has been previously required to install an interlock device must have it in the vehicle at all times. If they are pulled over for a DUI and the device is not in the vehicle, the charge will be escalated.
- Refusing the BAC test: Anyone who is suspected of a DUI and who refuses to take the BAC test at the time of the traffic stop or arrest could be charged with an aggravated DUI for noncompliance.
Remember that these are felony charges. The exact punishment will vary from one case to the next, but the more aggravating factors, the more severe the punishment in most cases. In the case of an aggravated DUI, in addition to steep fines, Arizona law also calls for:
- Prison sentences of up to two (2) years
- One-year license revocation
- Mandatory alcohol treatment and education
- Mandatory alcohol screenings
- Mandatory interlock ignition device
- Community service
The Law is the Law, But You Do Have Options
Fortunately for most drivers, the state of Arizona is fairly reasonable with its punishments for first offenders. Even second offenders will only be charged with a misdemeanor still, but the penalties will be slightly more severe. Those who have committed a DUI or been charged with a DUI with any of the extenuating factors listed above could face a felony or aggravated DUI charge because of the nature of the situation. Understanding how each charge works and what the potential penalties are can help people better understand what they’re up against.
If you suspect that you or someone you love has a drinking problem, it is important to get help right away. In Arizona, there are hundreds of DUIs every single year. Many of them are harmless traffic stops, but some result in catastrophic accidents with damages, injuries, and potential deaths, which is why the state cracks down on drunk driving with zero tolerance and strict punishments for those who are charged.
The most important thing when facing this charge is that you don’t panic and that you find a qualified DUI lawyer who can help you get the best outcome, no matter what kind of DUI case you are facing.
