An Extreme DUI is simply a DUI with an alcohol concentration of .15 or higher with 2 hours of driving. The law also distinguishes between less than .20 and at .20 and greater in imposing punishment.
Aggravated DUI requires proof of a DUI offense and one of three additional facts:
- the driver has prior DUI convictions
- the driver has a suspended, restricted or revoked license at the time of the current DUI arrest; or
- the driver is required to have an interlock device
An issue in aggravated DUI cases is whether the Defendant was on notice or had knowledge that his or her license was revoked or suspended. The state must prove Defendant was properly served.
Interestingly, as long as the Arizona license was suspended or revoked the driver can be convicted of aggrevated DUI even though he or she possessed a valid out of state driver’s license.
On the flip side, a suspension from another state does not count towards an Aggravated DUI charge as long as the Arizona license is valid at time of arrest. However, prior convictions from other states do count towards the Aggravated DUI charge if those same acts it which the person was convicted of would violate the DUI laws of Arizona if committed here.