In the past weeks it has come to my attention that DUI officers, especially in Phoenix and Scottsdale, may be charging extreme DUI in citations without evidence to back it up. Typically, a preliminary breath test result of .150 or greater is sufficient to allege extreme DUI. If the blood test result came back under .150, then the prosecutor’s office would simply dismiss the charge.

On the other hand, if the preliminary breath test came back under .150, the officers would not charge extreme DUI. If the blood test result then showed a .150 or more, the prosecutor’s office would file an additional count of extreme DUI to supplement the .08 and impaired charges already issued by the officer at the time of release after the arrest.

Now it seems that the officers are starting to charge extreme DUI even if they lack information to support it. If this is the case, it could signal a new practice that would simplify things for the prosecutor’s office. It is much easier for the prosecutors to dismiss an wrongly charged count of extreme DUI than to add a legitimate count of extreme DUI later.

So if you are looking at your citation and it says “extreme DUI,” but you don’t remember the officer taking a hand-held breath test (and you took a blood test), don’t despair. It may be that they overcharged you. If this is the case, the process will sort it out.

A word of warning. DO NOT plead guilty to extreme DUI without first consulting with a DUI lawyer. If you do, you will be stuck with it even if the evidence should have exonerated you.