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Drinking too much alcohol can lead to legal problems, health issues, and financial difficulties. If you drink excessively and then drive with a high BAC, you could be arrested for an Extreme DUI in Arizona. Additionally, excessive alcohol use causes approximately 95,000 deaths in the United States each year, according to the Centers for Disease Control and Prevention (CDC). In 2010, the CDC estimated that Americans spent $249 billion on the extreme consumption of alcohol. Extreme DUI and high BAC can be prevented by following a few simple steps.

What Does BAC Mean?

Blood alcohol concentration (BAC) is basically just the amount of alcohol that is in someone's bloodstream, which is considered an indicator of how intoxicated that person is. When people drink alcoholic beverages, their digestive systems absorb the alcohol directly into the bloodstream. Once in the blood, the alcohol travels to the brain and the drinker will start to show signs of impairment.

How drinking affects your BAC depends on a variety of factors, including:

• Any health issues you have
• Any medications you are taking
• How much food is in your stomach
• Your gender
• Your weight

However, the most important determinants of BAC levels are how fast you drink and how much you drink.

What Are the Types of Excessive Alcohol Use?

There are two types of excessive alcohol use that are tied to DUI arrests and high BAC:

• Binge Drinking
• High-Intensity Drinking

According to the National Institute on Alcohol Abuse and Alcoholism, binge drinking is a pattern of drinking alcohol that brings blood alcohol content to 0.08%, which is the legal limit in Arizona,
or higher. On average, a woman who consumes 4 or more drinks and a man who consumes 5 or more drinks in about 2 hours will reach this BAC level.

High-intensity drinking occurs when someone consumes alcohol at a rate that is twice or more the gender-specific threshold for binge drinking. That means a woman having 8 or more drinks or a man drinking 10 or more beverages in a single occurrence. High-intensity drinking is most common in young adults around the age of 21 who are attending college.

What Are the DUI Laws in Arizona?

Arizona law distinguishes three different levels of impaired driving for drunk driving misdemeanor offenses: Standard DUI, Extreme DUI, and Super Extreme DUI. These levels are distinguished by the driver's BAC at the time of the offense or within two hours of being in actual physical control of the vehicle. Repeat offenders can also be charged with a felony-level DUI offense, as well as people who committed their offense under certain aggravating circumstances.

In Arizona, it is illegal to drive under the influence of alcohol if your BAC is 0.08% or greater or if you are “impaired to the slightest degree”, regardless of your BAC. Standard DUI offenders had a BAC equal to or greater than 0.08% and less than 0.15%, or a BAC under 0.08% if they were impaired to the slightest degree. Extreme DUI charges will be filed if your BAC was equal to or greater than 0.15% and less than 20%. To be charged with a Super Extreme DUI, your BAC must have been equal to or greater than 20%.

A felony-level DUI charge in Arizona is an Aggravated DUI. You can be charged with an Aggravated DUI if you have been convicted of 2 or more previous DUI charges in the last 7 years. Several other aggravating factors can also lead to an Aggravated DUI charge.

What Are the Penalties for DUI Offenses in Arizona?

Arizona has the harshest DUI laws in the country, making the penalties for even first-time DUI offenders severe. The possible penalties for first-time DUI charges in Arizona are as follows:

Standard DUI

• A minimum of 10 consecutive days of jail time
• A fine of $1,250
• Driver's license suspension
• Community service
• Ignition interlock device

Extreme DUI/ Super Extreme DUI

• A minimum of 30 consecutive days of jail time
• A fine of $2,500
• Driver's license suspension
• Community service
• Ignition interlock device

Aggravated DUI (For Repeat Offenders Who Have 2 or More Previous DUI Convictions in the Last 7 Years)

• A minimum of 8 months of jail time
• A fine of $4,000
• Driver's license suspension
• Community service
• Ignition interlock device

How Do I Prevent High BAC and Extreme DUI?

The number one cause of high BAC and Extreme DUI offenses is excessive alcohol use. Fortunately, everyone can help prevent binge drinking and high-intensity drinking.

The CDC suggests you take the following steps:

• Decide not to drink too much and help others also choose not to drink too much.
• If you drink alcohol, follow the U.S. Dietary Guidelines on moderate alcohol consumption, which suggest no more than one drink per day for women and no more than 2 drinks per day for men.
• Support productive community approaches to preventing binge drinking and high-intensity drinking, including the recommendations of the Community Preventive Services Task Force.
• Don't serve or provide alcohol to people who should not be drinking, including people younger than 21 or people who are already drunk.

If you think you drink too much, talk with your doctor about your drinking behavior and seek counseling.

If I've Been Arrested for Extreme DUI, What Are My Possible Defenses?

If you've been arrested for Extreme DUI or Super Extreme DUI, you might be thinking that conviction is inevitable because your blood test came back with a BAC greater than or equal to 0.15%. However, a skillful criminal defense attorney can review the facts and circumstances involved in your case and decide the best method for defending your case. One of the most common ways to avoid an Extreme DUI conviction is by challenging the constitutionality of the traffic stop.

The Fourth Amendment of the United States Constitution requires law enforcement to have an objective basis for stopping a motor vehicle in motion. The police officer must be able to show demonstratable and specific facts that formed the basis of a “reasonable suspicion” that you were driving drunk. If the officer pulled you over without reasonable suspicion, your defense attorney can ask the judge to throw out any evidence that the police collected after the unconstitutional traffic stop. If the judge agrees that the traffic stop was illegal, then the prosecutor will not be able to use any evidence that was obtained as a result of the unconstitutional stop. Since the majority of DWI arrests occur after a vehicle is pulled over, if the judge determines that the traffic stop was unconstitutional, the prosecutor will almost always not have enough evidence to prosecute you. Typically, your case will then be dismissed.

While this is one of the most common methods for defending against Extreme DUI and Super Extreme DUI charges in Arizona, there are a variety of other options. The best defense possible for your situation must be determined by the facts and circumstances involved in your specific case. An experienced DUI defense attorney will know what to look for and what the best defenses will be for your case.