Super Extreme Felony DUI Charges: Difference between a Misdemeanor and Felony DUI including meaning, laws, and penalties

  
September 13, 2012
By James E. Novak, P.L.L.C. on September 13, 2012 10:35 AM |

The Meaning

The phrase "Super Extreme" relative to "DUI" refers to the level or amount of Alcohol Blood Alcohol Content (BAC) found in a person's system. "Felony" refers to the Classification of criminal charges as in the difference between Misdemeanor and Felony crimes.


Differences between Misdemeanor and Felony DUI charges

First we will discuss the main differences between Misdemeanor DUI and Felony DUI classifications. A majority of DUI charges are classified as Misdemeanors. A Misdemeanor DUI offense will be raised to Felony charges when certain aggravated factors are presents. For this reason, Felony DUI charges are also referred to as "Aggravated". The penalties for felony DUI charges are more severe than misdemeanor. Convictions will expose a person to prison term, larger fines, fees, and assessments; and driver's license will be indefinitely revoked.


Aggravated Factors - Felony DUI Charges

Under Arizona law A.R.S. §28-1383 (A) (1), (2), & (3) three aggravating factors that will cause an Arizona Misdemeanor DUI to be elevated to Felony DUI charges.

(1) DUI charge while driving on a suspended, restricted or revoked driver's license;

(2) Third DUI charge within 7 years and you have two prior DUI convictions that occurred during the last 7 years:

(3) DUI DWI and a child under 15 years of age was a passenger in the vehicle you were driving


Super Extreme DUI Blood Alcohol Content (BAC) in Arizona:

The terms "Extreme" or "Super Extreme" refer to the motorist Blood Alcohol Content (BAC) level found in a person's system.

The legal limit for alcohol in Arizona is 0.08%. If a person exceeds 0.15% they are considered to be Extreme DU; if a BAC exceeds 0.20% or greater they will be charged with Super Extreme DUI - DWI offense.

In Arizona a person can also be charged with DUI for being "Impaired to the Slightest Degree" even if their BAC is below 0.08%, or if they are impaired due to drugs and alcohol, or drugs alone.


Penalties for Felony DUI Super Extreme BAC Convictions:

• Mandatory Prison - 4 months minimum or more;
• 3 year Driver's License Revocation;
• Participation in Mandatory Alcohol counseling or treatment program;
• Minimum of 30 hours in Community Service;
• Ignition Interlock device on vehicle - current statutory requirements;
• Fines, court fees, prison assessments and fees exceeding $4,000.00.


Tempe AZ Super Extreme Aggravated DUI Lawyer for defense

Felony DUI charges with Super Extreme BAC are very serious. Your future and freedom are at stake. A Felony DUI conviction will leave you with a felon criminal record, prison terms, and have lasting adverse impacts on your life. You should always consult an experienced criminal defense attorney in the jurisdiction where you were arrested or received charges. They will discuss your matter and provide you options for defense. There may be defenses you are not aware of that may lead to a favorable resolution of your charges. If retained, a criminal defense attorney will protect your rights, defend your charges, and pursue the best possible outcome in your case.


Additional Resources:

Arizona State Legislature = Aggravated DUI Laws
Arizona State Legislature - Extreme DUI Laws.
Arizona Governor's Office of Highway Safety (azgohs.gov) Super Extreme DUI Sentencing
Arizona Department of Public Safety (azdps.gov)


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