Arizona Extreme & Super Extreme DUI
Hire Tucson DUI Attorneys That Think Outside of the Box
Nesci & St. Louis, PLLC exclusively handles criminal and DUI cases. Our Tucson DUI attorneys have devoted our more than 80 years of combined experience in achieving justice for individuals who are charged with crimes in Arizona courts.
We have earned a reputation as determined, effective defense lawyers statewide. Our team includes attorneys who are certified by the State Bar of Arizona as a specialist in criminal law, and by the National College for DUI Defense (as authorized by the American Bar Association) as specialists in DUI Defense. Our lawyers have completed extensive training in field sobriety, Intoxilyzer and blood alcohol testing, and are sought-after instructors for other attorneys on DUI defense issues, at conferences throughout the United States. 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 200 conferences around the country and have published numerous books and articles to help other lawyers obtain justice for their clients.
What Is Extreme DUI?
A violation of A.R.S. § 28-1382(A)(1) is commonly referred to as extreme DUI. To convict a driver 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 above.15 and below .20 within two hours of driving.
Your BAC resulted from alcohol consumed prior to or while driving
What Is Super Extreme DUI?
Violation of A.R.S. § 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.
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 (Although it is possible to serve less jail time by installing an Ignition Interlock in your vehicle and/or by serving home detention)
- Additional fines and assessments
- Community service hours
- Interlock device installation
Second convictions result in substantially enhanced minimum sentences.
Challenging Your BAC Test
Our Pima County DUI lawyers effectively defend clients with BACs above .30 on a regular basis. Armed with our substantial knowledge about the limitations on the accuracy of breath and blood testing equipment used by law enforcement agencies, we routinely and effectively challenge the admissibility of the blood and breath test results in court.
We have successfully challenged the methods and procedures used to test blood in laboratories throughout Arizona, including obtaining an order by the trial court suppressing all blood test results in 11 felony cases.
We also successfully challenged the accuracy and reliability of Intoximeters RBT-IV®. Our victory resulted in the removal of this defective machine from all use by Arizona law enforcement officers 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 suppression of test results and dismissals of their cases.
When you need attorneys who are experts at challenging blood or breath test results, call the attorneys at Nesci & St. Louis, PLLC today.
Consult with our focused attorneys on extreme DUI and super extreme DUI defenses. Call Nesci & St. Louis, PLLC today at (520) 999-2441 or contact us online to schedule your free initial consultation.