Arizona is tough on DUI. If you have been arrested or charged with driving under the influence, having experienced legal representation may be critical to the outcome of your case. Call Scott David Stewart right away for DUI defense in Surprise, Arizona and the surrounding areas.
Why Choose Us?
- Our Surprise, AZ DUI defense attorneys at Stewart Law Group are former prosecutors. We understand how the prosecution in Surprise constructs its cases.
- We are single-mindedly dedicated to providing you with high-quality, client-focused representation.
- Our experienced DUI lawyers are committed to fighting for the best possible outcome in your case.
What Is DUI In Arizona?
As stated by the Arizona Department of Public Safety, you can be charged with DUI if you are driving with blood alcohol concentration (BAC) of .08% or higher. If you are driving on a commercial driver’s license (CDL), the limit is .04%. Our state has zero-tolerance for underage drinking and driving. If you are under the age of 21, you can be arrested and charged with DUI with a BAC of anything above 0.0%.
What Are the Penalties for DUI in Arizona?
Penalties for DUI depend on the level of intoxication and any prior convictions. For a first offense DUI with BAC of .08% or greater but less than .15%, you are facing:
- Minimum of 24 hours up to 10 days in jail
- Base fine of $250
- Driver’s license suspension for 90 to 360 days
- Ignition interlock device requirement
For a second offense, jail time increases to a minimum of 30 and a maximum of 90 days; the base fine is $500; and your license is suspended for one year. With a third DUI conviction, you are facing a minimum of four months in jail, a base fine of $750, a suspended license for one year, and a required ignition interlock device. Penalties are even more severe for extreme intoxication – BAC of .15% or higher.
What Are Implied Consent Laws?
Under implied consent laws, Arizona Revised Statutes Section 28-1321, anyone who operates a motor vehicle in this state and is arrested for DUI automatically consents to a test of their breath, blood, urine, or other bodily substance to determine alcohol concentration or drug content. In other words, if the officer has reason to believe you were driving under the influence, your consent to testing for blood alcohol concentration is implied by law. If you refuse testing, your license will be immediately surrendered to the police officer and suspended for at least a year. In addition, the prosecution will use your refusal as evidence of intoxication.
How Many Drinks Does It Take to Reach the Legal Limit?
Blood alcohol concentration is affected by a number of factors, including:
- Body weight
- Food intake
- How quickly alcohol is consumed
Everyone is different, and alcohol affects people differently. On average, within one hour of consumption, the following number of drinks would bring a person of a specified weight to BAC at or over the legal limit. For these purposes, a drink equals three ounces of wine, 12 ounces of beer, or one ounce of 86 proof liquor.
- 100 lbs. – 2 to 3 drinks
- 120 lbs. – 3 drinks
- 140 lbs. – 3 to 4 drinks
- 160 lbs. – 4 drinks
- 180 lbs. – 4 to 5 drinks
- 200 lbs. – 5 drinks
- 220 lbs. – 5 to 6 drinks
- 240 lbs. – 6 drinks
Contact Us Today
DUI conviction can have serious consequences that impact your future. If you are facing DUI charges in Surprise, Arizona, call experienced Surprise criminal defense attorney Scott David Stewart today for the legal help you need.