If you’ve been arrested for DUI in Surprise, Arizona, you need an aggressive legal defense to protect your rights, freedom, and future. Arizona enforces some of the strictest DUI laws in the country, meaning even a first-time offense can lead to jail time, hefty fines, and license suspension. Without the right legal representation, the consequences of a DUI conviction can impact your career, personal life, and financial stability for years to come.
At Arizona Law Group, our Surprise DUI attorneys near you have a proven track record of successfully defending DUI charges, from standard DUI to extreme, super extreme, aggravated, and drug-related DUI cases. Our team includes former prosecutors who understand the strategies the State will use against you. We leverage this insight to craft strong, effective DUI defenses that challenge the prosecution’s case.
Why Choose Arizona Law Group for Your Surprise DUI Defense Lawyer?
When you’re facing DUI charges in Surprise, Arizona, choosing the right DUI attorney near you can make all the difference. At Arizona Law Group, we provide:
- Former Prosecutors on Your Side – Our DUI defense lawyers know how DUI cases are prosecuted and use this knowledge to expose weaknesses in the prosecution’s case.
- Proven Success in DUI Defense – We’ve successfully defended thousands of Arizona clients against all levels of DUI charges.
- Personalized Legal Strategies – Our Surprise DUI attorneys tailor our defense approach based on the facts of your case, ensuring the best possible outcome.
- Aggressive Defense for All DUI Charges – Whether you’re facing a first-time DUI, repeat offense, extreme DUI, or felony DUI, we fight to reduce penalties or get your charges dismissed.
DUI Laws In Arizona
Arizona has a zero-tolerance policy for impaired driving. Under Arizona Revised Statutes (ARS) § 28-1381, you can be charged with DUI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher
- You are impaired to the slightest degree, even if your BAC is below 0.08%
- You are under 21 years old and have any alcohol in your system
- You are driving under the influence of illegal drugs or prescription medications that impair your ability to drive
- Arizona DUI charges can increase in severity based on your BAC level and prior offenses
Penalties for DUI in Surprise, AZ
In Arizona, there are different levels of DUI: regular DUI, extreme DUI, and super extreme DUI. These are based on the degree of intoxication. A higher BAC is a more serious offense with harsher penalties.
Penalties also depend on prior convictions. A second offense brings tougher consequences.
Standard DUI (BAC 0.08% – 0.149%)
Standard DUI, First Offense
- 10 days in jail (9 days may be suspended)
- $1,480+ in fines
- 90-day license suspension
- Ignition interlock device (IID) required for at least 6 months
- Alcohol screening and mandatory classes
Standard DUI, Second Offense
- Minimum 30 days in jail
- $3,000+ in fines
- 1-year license suspension
- 1-year IID requirement
Extreme DUI (BAC 0.15% – 0.199%)
A first offense of extreme DUI is a class one misdemeanor in Arizona.
Extreme DUI, First Offense
- 30 days in jail
- Fines starting at $3,000
- 90-day license suspension
- Ignition interlock device required for 1 year
Extreme DUI, Second Offense
- 120 days in jail (60 days minimum served consecutively)
- $3,500+ in fines
- 1-year license suspension
- Ignition interlock device required for 18 months
Super Extreme DUI (BAC 0.20% or Higher)
Extreme DUI, First Offense
- Minimum 45 days in jail
- $3,250+ in fines
- 90-day license suspension
- Ignition interlock device required for 18 months
Extreme DUI, Second Offense
- Minimum 180 days in jail
- Significant increase in fines
- 1-year license suspension
- Mandatory alcohol counseling & community service
Additionally, when your driving privileges are restored after a super extreme DUI conviction, you will be required to purchase SR-22 insurance for three years at a cost of $500 per year, for a total of $1,500. An SR-22 is a certificate that proves you carry car insurance, filed by the insurance company with the state. If your policy lapses, the insurance company is required to contact the DMV. In addition, your car insurance premiums are likely to increase significantly.
Aggravated DUI (Felony DUI) in Arizona
You can be charged with felony aggravated DUI in Arizona if:
- You have two prior DUIs within 7 years.
- You were driving under the influence with a suspended license.
- You were driving the wrong way on a highway.
- You had a child under 15 in the vehicle.
Penalties for Aggravated DUI in Surprise, AZ
A felony DUI conviction results in:
- Mandatory prison sentence (minimum 4 months)
- 3-year driver’s license revocation
- Substantial fines and fees
- Mandatory alcohol treatment and ignition interlock device
Drug DUI
DUI charges in Arizona are not limited to alcohol-related offenses. If you are suspected of driving under the influence of drugs, you can be charged with drug DUI.
Prescription and over-the-counter pharmaceutical drugs can have dangerous effects on a person’s ability to drive. They can affect alertness, motor skills, judgment, and concentration. You can be charged with drug DUI even if the drugs were legally prescribed.
Common Drugs That Lead to DUI Charges:
- Illegal drugs: Cocaine, heroin, methamphetamine, LSD, ecstasy, psilocybin
- Marijuana: Even medical marijuana users can be charged if they are impaired while driving
- Prescription medications: Valium, hydrocodone, sleeping pills, antidepressants
- Over-the-counter drugs: Antihistamines, cough syrups, and other medications that cause drowsiness
When law enforcement officers have reason to suspect a drug DUI, they will look for visual signs of impairment, question the suspect, and order a blood test. If a drug metabolite is found in your system, you can be convicted of a drug DUI, even though some substances can remain in the system for weeks after use. Arizona law does not require proof of actual impairment. However, we can challenge the accuracy and reliability of drug tests to weaken the prosecution’s case.
Common DUI Defenses in Surprise, Arizona
At Arizona Law Group, our Surprise DUI attorneys use aggressive legal strategies to challenge DUI charges. Common defenses include:
- No Reasonable Suspicion for the Stop – Arizona police must have a valid reason to pull you over. If they stopped you without reasonable suspicion, we can seek to have the charges dismissed.
- No Probable Cause for Arrest – Officers must have sufficient evidence to justify your arrest. If they lacked probable cause, your case could be thrown out.
- Improper Field Sobriety Tests (FSTs) – Field sobriety tests are highly subjective and can be influenced by uneven pavement, medical conditions, poor lighting, and officer bias.
- Faulty Breath or Blood Test Results – Breathalyzers and blood tests must be properly administered and calibrated. Issues that could lead to false results include improper machine calibration, mishandled blood samples, and medical conditions that mimic intoxication (diabetes, acid reflux, etc.).
- No Actual Physical Control – You can be charged with DUI in Arizona without driving if police believe you were in “actual physical control” of the vehicle. We can argue that the car was legally parked, the engine was off, and that you were not intending to drive.
- Failure to Follow Implied Consent Laws – If the police failed to read your rights or did not properly inform you of test refusal consequences, we can challenge the test results.
- Medical Marijuana Defense – If you are a legal medical marijuana cardholder, we may argue that the levels in your system did not indicate impairment.
Refusing a Breath or Blood Test in Surprise, Arizona
Under Arizona’s implied consent law (ARS 28-1321), by operating a vehicle in the state, you automatically agree to submit to a breath, blood, or urine test if a police officer suspects you of driving under the influence (DUI). 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.
There are automatic penalties if you do not voluntarily consent to testing.
What Happens If You Refuse a DUI Test in Surprise, AZ?
Refusing to take a breathalyzer or blood test after a DUI arrest can result in serious consequences, including automatic license suspension, even if you were not actually impaired. If you refuse testing, police will likely obtain a search warrant to draw your blood anyway.
First refusal: 1-year driver’s license suspension
Second refusal (within 7 years): 2-year driver’s license suspension
After refusing a test, you will receive a 30-day temporary driving permit. During this period, you have the right to request an administrative hearing to challenge the suspension. If you do not act within this timeframe, your license suspension will take effect automatically.
Defenses for Refusing a DUI Test in Surprise, AZ
Refusing a breath or blood test does not mean you are automatically guilty. There are defenses that can help you fight the penalties associated with refusal, including:
- No Reasonable Grounds for DUI Suspicion – Officers must have a legitimate reason to suspect impairment before requesting a test. If the stop was based on bias, profiling, or a minor traffic infraction, we can challenge the justification for the test request.
- No Probable Cause for Arrest – The officer must place you under arrest before requiring a breath or blood test. If you were not properly arrested before the request, we can argue that the test refusal should not result in a license suspension.
- Failure to Inform You of Consequences – Law enforcement must clearly explain the penalties for refusing a DUI test. If the officer failed to inform you or misstated the consequences, this could be grounds to challenge the suspension.
- You Did Not Actually Refuse the Test – Sometimes, police officers misinterpret behavior as a refusal. If you asked for clarification, were confused, or had medical issues that prevented you from responding immediately, this may not legally qualify as a refusal.
If you refused a DUI test in Surprise, Arizona, you need an experienced DUI defense lawyer nearby to fight for your rights. Our legal team at Arizona Law Group can challenge the suspension, protect your license, and build a strong defense to reduce or dismiss your charges.
How Many Drinks Does It Take to Reach the Legal Limit?
Blood alcohol concentration is affected by a number of factors, including:
- Body weight
- Gender
- 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 a Surprise DUI Lawyer Near You
A DUI conviction in Arizona can have serious consequences. It can impact your freedom, finances, and future. At Arizona Law Group, we provide aggressive defense strategies to fight DUI charges and protect your rights.
If you’re facing DUI charges in Surprise, AZ, don’t wait—contact Arizona Law Group today to schedule a free consultation. We’re ready to stand by your side and fight for the best possible outcome in your case.
Call (623) 263-1000 or email us to speak with a Surprise DUI lawyer.