Should California Impose Extreme and Super Extreme DUI Laws?

In 2011, California passed legislation that allows the DMV to immediately suspend the license of anyone suspected of DUI. Coupled with increasingly rigid penalties for repeat offenders, high fees, and mandatory ignition interlock devices, the state has taken a stand against DUI and those that commit these offenses.

But in others states, in this case Arizona specifically, have imposed even more harsh penalties that punish not only repeat offenders, but also the more egregious offenders.

According to Tempe DUI attorney Kyle Green, Arizona’s extreme dui and super extreme dui laws have helped the state develop the most strict set of DUI laws in the country.

In Arizona, extreme DUI occurs:

• When one is driving a motor vehicle or is in actual physical control
• And has a BAC of .15 or more within two hours of driving or being in control of the vehicle
• A driver is convicted of driving or being in control of a vehicle while under the extreme intoxicating liquor

When charged with extreme DUI:

• The defendant may opt for a jury trial
• A guilty party shall be sentenced to serve not less than 30 consecutive days in jail and not be eligible for probation or suspension or execution of sentence unless the entire sentence is served

If a driver is found to have a Blood Alcohol Content (BAC) of more than .20%, the charge is upgraded to Super Extreme DUI.

Penalties for First Super Extreme DUI:

• 45 days to 6 months of mandatory jail time
• Total fines: $3,250, approx.
• Guilty party is responsible for Jail costs
• license suspension for 90 days
• Required substance abuse counseling
• Probation up to five years
• Ignition interlock device
• Community service
• Attend MADD victim panel

Penalties for Second Super Extreme DUI:

• Jail: 6 months mandatory
• Fines: $4500 plus jail costs
• One year license revocation
• Revocation is not automatic
• Mandatory substance abuse evaluation and mandatory compliance
• Up to five years’ probation
• Ignition interlock device
• Community service
• Mandatory MADD victim panel attendance

These are obviously stiff penalties, but are they effective as a deterrent and should other states, like California, adopt them?

Despite reports that DUI’s are still involved in 31% of Arizona traffic fatalities - and over 10,000 traffic fatalities annual nationwide, the Arizona Governor’s Office of Transportation Safety seems to believe that these measure are helping.

More data needs to be collected before they are implemented in other states , however, and many people see them as a reactive measure rather than a proactive one.