Why am I charged with "Extreme DUI" when the blood test result is unknown?

It is common for an experienced DUI officer to charge a person he or she believes to be "extreme" DUI (.150 or greater) in Arizona with the charge, even though the charge is dependent on an as-yet-unknown blood test result. Many Arizona DUI officers believe that they are very good at estimating a person's alcohol level and are confident in their discretion.

Sometimes the officer gets it wrong, either by overcharging or by undercharging a person. In the case of overcharging (where the alcohol level comes back under the extreme DUI limit), the prosecutor will be forced to dismiss that count.  In the case of undercharging (where the officer didn't charge extreme or super-extreme DUI and the blood test result come back above a .150 or .200 respectively), the prosecutor can add the additional charge or charges later.

 

 

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