Building a Solid Defense Against Charges of Extreme and Super Extreme DUI in Arizona

Attorneys who think outside the box to challenge high Breathalyzer® results

Nesci & St. Louis, PLLC exclusively handles criminal and DUI defense. Our Tucson attorneys have devoted our more than 40 years of combined experience to achieving justice for individuals who are charged with crimes in Arizona courts.

We have earned a reputation as determined, effective defense lawyers in Pima County. Our team includes attorneys who are certified by the State Bar of Arizona and the National College for DUI Defense. Our lawyers have engaged in extensive training on the field sobriety and Breathalyzer® tests and instruct other attorneys on DUI defense issues. Because of our extensive knowledge of DUI defense and other lawyers’ respect for our capabilities in these areas, we have been invited to speak at more than 150 conferences around the country and have published dozens of books and articles to help other lawyers obtain justice for their clients.

What is extreme DUI?

A violation of A.R.S. section 28-1382(A)(1) is commonly referred to as extreme DUI. To convict under this statute, the state must prove all three elements of the offense beyond a reasonable doubt, as follows:

  • You were driving, or were in actual physical control of, a motor vehicle within Arizona.
  • Your blood or breath alcohol content (BAC) was between .15 and .20 percent within two hours of driving.
  • Your BAC resulted from alcohol consumed prior to or while driving, not after you stopped driving.

What is super extreme DUI?

Violation of A.R.S. section 28-1382(A)(2) is typically called super extreme DUI. The state must prove all three of these elements beyond a reasonable doubt to convict you under this statute:

  • You were driving, or were in actual physical control, of a motor vehicle within Arizona.
  • Your blood or breath alcohol content (BAC) was .20 percent or greater within two hours of driving.
  • Your BAC resulted from alcohol consumed prior to or while driving, not after you stopped driving.

How a high BAC affects your case

Extreme DUI and super extreme DUI offenses are misdemeanors that carry enhanced mandatory minimum penalties for a first offense conviction, including:

  • Mandatory jail time of at least 30 days for extreme DUI and 45 days for super extreme DUI
  • Additional fines and assessments
  • Community service hours
  • Interlock device installation

Second convictions result in substantially enhanced minimum sentences.

Challenging your BAC and the Breathalyzer test

Our Pima County DUI lawyers effectively defend clients with BAC above .30. Armed with our substantial knowledge about law enforcement equipment, we effectively challenge the admissibility of the Breathalyzer results at trial.

We have successfully challenged the accuracy and reliability of Intoximetersreg RBT-IV®. Our victory resulted in the removal of this defective machine model from Arizona law enforcement and the suppression of test results in more than 7,000 cases. By spearheading motions to obtain the CMI Intoxilyzer 8000® manufacturer’s source code and software, we helped hundreds of defendants win the suppression of test results and dismissals of their cases.

Consult with our focused attorneys on extreme DUI and super extreme DUI defenses

To learn more about challenging high BAC results, call Nesci & St. Louis, PLLC today at 520.777.0235 or contact us online to schedule your free initial consultation.