What Constitutes a DUI in Surprise, AZ? Understanding ARS 28-1381 [2025]

admin·April 9, 2025·0 comments

If you’re facing charges for a DUI in Surprise, Arizona, it’s essential to understand your rights, the laws involved, and how a strong legal defense can impact your case. At AZ DUI Pros, we have years of experience defending individuals just like you who are navigating the complex world of Arizona DUI laws. Whether this is your first offense or you’ve been through this before, knowing how ARS 28-1381 applies to your case is crucial. If you or a loved one has been arrested for a DUI in Surprise, call us today at (602) 922-3755 for immediate assistance.

In this blog, we’ll break down what legally constitutes a DUI in Surprise, explain the statute under ARS 28-1381, provide practical hypothetical examples, and help you understand the potential penalties you could be facing. Our mission at AZ DUI Pros is to empower you with knowledge and provide you with aggressive defense strategies tailored to your specific case.

Understanding ARS 28-1381

Under ARS 28-1381, a person can be convicted of a DUI in Surprise if they are:

  • Driving or in actual physical control of a vehicle, and

  • Under the influence of alcohol, drugs, or a vapor-releasing substance

  • To the slightest degree if it impairs their ability to operate the vehicle safely.

Arizona is known for its strict DUI laws, and ARS 28-1381(A)(1) specifically outlines the basic DUI statute. This includes driving while impaired “to the slightest degree” — meaning even if your blood alcohol content (BAC) is below the legal limit of 0.08%, you can still be charged if impairment is observed by law enforcement.

Penalties for DUI in Surprise

The penalties for a DUI in Surprise depend on the nature of the offense and any prior convictions:

First-Time DUI

  • 10 consecutive days in jail (with 9 potentially suspended)

  • Minimum fines and fees around $1,500

  • Alcohol screening and education classes

  • License suspension for 90 days

  • Installation of an ignition interlock device

Second DUI

  • 90 days in jail (60 may be suspended)

  • $3,000+ in fines

  • 1-year license revocation

  • Community service

  • Increased insurance premiums

Aggravated DUI

Charged under ARS 28-1383, this applies if:

  • The DUI occurred with a suspended or revoked license

  • It’s the third DUI in 84 months

  • A child under 15 was in the vehicle

Aggravated DUI is a felony, with potential prison time and long-term consequences. If you’re charged with an aggravated DUI in Surprise, contact AZ DUI Pros at (602) 922-3755 immediately.

Field Sobriety Tests and DUI in Surprise

When someone is suspected of driving under the influence in Surprise, one of the most common tools used by law enforcement is the field sobriety test (FST). These roadside evaluations are meant to help officers determine whether a person is impaired. However, they are subjective, and results are often open to interpretation.

What Are Field Sobriety Tests?

There are three standard field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA):

  • Horizontal Gaze Nystagmus (HGN): Officer checks for involuntary eye movement.

  • Walk-and-Turn (WAT): Tests balance and ability to follow instructions.

  • One-Leg Stand (OLS): Tests coordination and focus.

If you’re facing a DUI in Surprise, you’ve likely undergone at least one of these.

Are Field Sobriety Tests Reliable?

Despite being standardized, these tests are not foolproof. Many factors can affect performance, such as:

  • Poor lighting or uneven pavement

  • Medical conditions or physical disabilities

  • Nervousness or fatigue

  • Age and weight of the individual

Officers often use field sobriety test performance as the foundation for arresting someone for a DUI in Surprise — even if the person’s blood alcohol concentration (BAC) is under the legal limit.

Challenging Field Sobriety Tests in Court

At AZ DUI Pros, we frequently challenge the validity of FSTs in court. We may argue:

  • The officer did not administer the test properly

  • External conditions made the test unfair

  • The defendant had medical or physical conditions that interfered

If your arrest for a DUI in Surprise stemmed from questionable field sobriety testing, we can work to have the evidence thrown out. These tests alone are not enough to guarantee a conviction.

What to Do if You Refuse

In Arizona, refusing to perform a field sobriety test is not illegal, but it may increase the likelihood of being arrested. Still, a refusal can limit the amount of evidence available for the prosecution.

If you’ve been charged with a DUI in Surprise after a field sobriety test, contact AZ DUI Pros at (602) 922-3755 to evaluate your legal options.

Scenario One: First-Time DUI After Dinner

Imagine John, a 32-year-old software engineer, finishing dinner and drinks at a popular Surprise, AZ restaurant. He feels “fine to drive,” but after a minor traffic infraction, he’s pulled over by Surprise PD. Officers notice watery eyes and a slight odor of alcohol. A field sobriety test follows, and John is arrested.

He submits to a breathalyzer, which returns a BAC of 0.07%. While this is under the legal limit, under ARS 28-1381(A)(1), John is still charged with a DUI in Surprise due to observed impairment.

John’s legal challenges now include potential jail time, license suspension, and fines — despite not being over the limit. This shows how ARS 28-1381 allows law enforcement to charge based on impairment alone, not just BAC.

His defense team at AZ DUI Pros begins building a case. They request dashcam footage, question the validity of the field tests, and ensure his rights were respected. If you’re like John, don’t navigate the system alone. Call AZ DUI Pros at (602) 922-3755.

Scenario Two: Drug-Related DUI After Medical Marijuana Use

Now consider Ashley, a 29-year-old nurse and legal medical marijuana cardholder. After working a 12-hour shift, she medicates before driving home. She’s involved in a minor fender bender, and officers notice her bloodshot eyes and slow speech. They conduct a drug recognition evaluation and arrest her for a DUI in Surprise under ARS 28-1381(A)(3).

Even though she holds a valid medical card, this does not exempt her from a DUI charge if impairment is suspected. A toxicology test reveals THC metabolites, and she’s charged accordingly.

Her attorneys at AZ DUI Pros argue that mere presence of metabolites does not indicate impairment. Expert testimony is introduced to show that her ability to drive was not compromised. This case highlights the challenges faced by medical cannabis users and the aggressive enforcement of DUI in Surprise laws.

If you’re facing a similar situation, you need an experienced defense. Call AZ DUI Pros at (602) 922-3755 for immediate help.

Impact of a DUI in Surprise on Your Driver’s License

A DUI in Surprise not only results in criminal penalties — it can also significantly impact your ability to legally drive. Arizona law separates criminal DUI consequences from administrative license actions, meaning you may lose your license before your case is even heard in court.

What Happens to Your License After a DUI Arrest?

When you’re arrested for a DUI in Surprise, the officer will typically take your driver’s license immediately and issue a 15-day temporary permit. This allows you to drive for a short time while your license is being reviewed by the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD).

At this point, you must request a hearing with ADOT/MVD within 15 days or your license will be automatically suspended.

Administrative License Suspension (ALS)

The length of your license suspension depends on several factors, including your BAC and whether this is a first or repeat offense:

  • 90-day suspension for first-time DUI

  • 1-year suspension for refusal to submit to testing

  • Revocation for repeat offenses

This administrative action is separate from your criminal case, and both can lead to additional license consequences for a DUI in Surprise.

The Role of SR-22 Insurance

Once your license is reinstated, you’ll likely need to carry SR-22 insurance, which is a certificate proving you have the required liability coverage. This high-risk insurance typically raises your premiums substantially.

An experienced attorney from AZ DUI Pros can help fight for your license and guide you through the MVD hearing process to minimize the impact of a DUI in Surprise.

Ignition Interlock Devices (IID)

Even after your license is reinstated, the court may require you to install an ignition interlock device in your vehicle. This breathalyzer-like device prevents your car from starting unless you pass a BAC test.

IID requirements vary, but typically include:

  • 12 months for a first offense

  • Longer terms for aggravated or extreme DUIs

Fighting for Your Right to Drive

Don’t let a DUI in Surprise strip away your independence and mobility. At AZ DUI Pros, we act quickly to request your hearing, represent you before ADOT/MVD, and challenge the basis of any license suspension. Losing your license doesn’t have to be a guarantee. Call us today at (602) 922-3755 for proactive defense.

Relevant ARS Statutes

Here are some key statutes used in DUI cases in Surprise:

Each of these statutes plays a role depending on the facts of your case. If you’ve been arrested for a DUI in Surprise, your specific charge will fall under one or more of these legal provisions.

Frequently Asked Questions

Q1: Can I refuse a breathalyzer in Surprise?
Yes, but refusal can lead to automatic license suspension under Arizona’s Implied Consent law.

Q2: What is considered “actual physical control”?
You can be charged with a DUI in Surprise even if your vehicle is parked but you are in the driver’s seat with keys accessible.

Q3: How long does a DUI conviction stay on my record in Arizona?
A DUI conviction is permanent in Arizona. There is no expungement process, although set-asides may apply.

Q4: Can a DUI affect my job?
Absolutely. Many employers perform background checks, and a DUI in Surprise may jeopardize certain licenses and job opportunities.

Q5: How soon should I contact an attorney after arrest?
Immediately. Call AZ DUI Pros at (602) 922-3755 so we can start building your defense strategy right away.

Conclusion

A DUI in Surprise can change your life in an instant. Arizona’s DUI laws are among the toughest in the nation, and without experienced legal help, the consequences can be severe. At AZ DUI Pros, we understand how stressful this process is — and we’re here to help.

Whether you’ve been charged under ARS 28-1381, tested just below the legal BAC limit, or had medication in your system, we can aggressively challenge the evidence and protect your rights. Our legal team has handled countless DUI in Surprise cases, and we know what it takes to fight back.

Don’t wait. Call AZ DUI Pros at (602) 922-3755 today.

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