In every state, including the District of Columbia, a driver can be charged with driving under the influence (DUI) if the driver's breathalyzer test measures 0.8 or over. However, a number of states impose harsher penalties in the case of an extreme DUI. An extreme DUI is where the blood alcohol content (BAC) significantly exceeds the legal limit.
What is an Extreme DUI?
In many states, an extreme DUI is where the driver's BAC measures between 0.15 to 0.18. The minimum measure is nearly double the legal limit of 0.8.
Field Sobriety Tests
A BAC measure is taken by an officer who pulls a driver over on suspicion of a DUI. The officer will request that the driver perform specific physical tests to test the driver's coordination. Sometimes, the officer requests certain mental tests, as well. An inebriated driver usually cannot perform these tests adequately. If a driver fails the sobriety tests, the officer can legally arrest the driver and demand the driver take a breathalyzer test. If the BAC measures over 0.8, the driver is guilty of a DUI, a misdemeanor in most states.
Zero Tolerance
Four states - Florida, Maine, Oregon and Texas - have zero tolerance laws. These laws apply to drivers under 21 who are caught driving under the influence. The BAC is irrelevant in these cases as the drivers are not of a legal age to drink in the first place.
Penalties
States are less tolerant of drunk driving as a large percentage of auto deaths result from DUIs. Therefore, those charged with extreme DUI suffer harsher penalties than those charged with regular DUIs. Drivers convicted of an extreme DUI may face the following:
- Suspended driver's license
- Increased jail time
- Increased fines
- Mandatory counseling
- Probation
In Arizona, a first offense for extreme DUI is a first class misdemeanor that incurs a minimum of 30 days and a maximum of six months in jail. The minimum fine is $250 and additional fines may include a $250 assessment to the Arizona DUI Abatement Fund and an additional $1,000 to the State Prison Fund. A maximum probation of five years may also be imposed. Additionally, the driver's license may be suspended for 90 days (after 30 days, a convicted driver may request a work waiver permit) and the car must be interlocked to prevent operation.
States with Extreme DUI Laws
Thirty-nine states including the District of Columbia carry extreme DUI laws in their codes. These states include:
- Alaska Extreme DUI
- Arizona Extreme DUI
- Arkansas Extreme DUI
- California Extreme DUI
- Colorado Extreme DUI
- Connecticut Extreme DUI
- Delaware Extreme DUI
- Florida Extreme DUI
- Georgia Extreme DUI
- Hawaii Extreme DUI
- Idaho Extreme DUI
- Illinois Extreme DUI
- Indiana Extreme DUI
- Iowa Extreme DUI
- Kentucky Extreme DUI
- Louisiana Extreme DUI
- Maine Extreme DUI
- Massachusetts Extreme DUI
- Minnesota Extreme DUI
- Missouri Extreme DUI
- Montana Extreme DUI
- Nebraska Extreme DUI
- Nevada Extreme DUI
- New Hampshire Extreme DUI
- New Mexico Extreme DUI
- New York Extreme DUI
- North Carolina Extreme DUI
- North Dakota Extreme DUI
- Ohio Extreme DUI
- Oklahoma Extreme DUI
- Pennsylvania Extreme DUI
- Rhode Island Extreme DUI
- South Carolina Extreme DUI
- South Dakota Extreme DUI
- Tennessee Extreme DUI
- Texas Extreme DUI
- Utah Extreme DUI
- Virginia Extreme DUI
- Washington Extreme DUI
Find a Lawyer
If you face extreme DUI charges in certain states, you risk harsher penalties than you would receive under a regular DUI. You can be imprisoned for six months, have your license suspended for three months, and incur stiff fines. Talk with a lawyer to prevent possible prosecution and/or conviction.
