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Extreme DUI vs. Aggravated DUI


In Arizona and in all states throughout the country, it is a criminal offense to operate a motor vehicle with a BAC of .08 or higher. A conviction for a DUI results in jail time, fines, license suspension, and other penalties. However, there are various factors that may result in more severe consequences.

Extreme DUI

If your BAC is 0.15% or greater within two hours of driving, you may be charged with an Extreme DUI. The punishment for an Extreme DUI is 10 times more jail time compared to a simple first-time DUI.

First offense results in a mandatory 30-day jail sentence along with a fine of up to $2,500. You are required to complete an alcohol/drug screening, treatment, and education program. You must have an ignition interlock device installed in every vehicle you drive.

Aggravated DUI

If there are aggravating factors present in the DUI arrest, it also results in increased penalties.

The following are the common factors for an Aggravated DUI in Arizona:

  • The offender’s license was suspended upon a DUI arrest
  • The offender has two prior DUIs within seven years upon another DUI arrest
  • The offender has a person under 15 years old in the vehicle upon a DUI arrest

In the event of a DUI with a child under 15 years of age in the vehicle, it is considered a Class 6 felony. This type of felony is punishable by a maximum prison sentence of two years and minimum fines of $4,700.

Other forms of aggravated DUI are considered Class 4 felonies. This type of felony is punishable by a minimum prison sentence of four months and a maximum prison sentence of two and a half years.

If you have been arrested for a DUI in AZ, contact Naegle & Crider Criminal Defense Attorneys at (480) 418-0776 or fill out our online form to schedule a free case consultation today.

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