Mesa City Councilman Ryan Winkle had a .220 BAC level at the time of his DUI arrest by a Tempe Police officer earlier this month. The arrest was his second DUI arrest.
“An Extreme DUI is based upon the blood alcohol concentration (BAC) level of the person accused; specifically, if the person has a BAC above .150, they will be charged with Extreme DUI under §28-1382 of the Arizona Revised Statutes,” according to a law firm that specializes in DUIs.
Tempe police released the officer’s body camera footage during the arrest that occurred in the early morning of May 7. Winkle and his wife were pulled over near Baseline Road and Mill Avenue after an officer saw him nearly hit some young pedestrians, according to the police recording.
Winkle’s wife appeared to convince the officer not to arrest him due to her claim that he was the only Mesa City Council member that supports “you guys in the union.”
Winkle was issued a criminal citation for DUI.
According to the Arizona Department of Transportation:
In Arizona, if you are 21-years-old or older, you will receive a DUI if your Blood Alcohol Content (BAC) is above .08% (commercial vehicle driver – .04%, under 21 – 0.00%). Once you are pulled over and suspected of driving under the influence, a field test will be administered. Refusal to take the test will result in an automatic one year suspension of your license if it is your first offense. If it is your second or third offense, your license will be suspended for two years.
What are the penalties for a DUI in Arizona?
| 1ST OFFENSE | 2ND OFFENSE | 3RD OFFENSE | |
|---|---|---|---|
| JAIL | Min. 24 hours to 10 days | Min. 30 days to 90 days | Min. 4 months |
| FINES AND PENALTIES | $250 base fine | $500 base fine | $750 base fine |
| LICENSE SUSPENSION | 90 to 360 days | 1 year | 1 year |
| INTERLOCK IGNITION DEVICE REQUIRED? | Yes | Yes | Yes |
The table below shows the effects of alcohol within one hour on an average person of a given body weight.
| Body Weight | Number of Drinks | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | |
| 100 | 0.032 | 0.065 | 0.097 | 0.129 | 0.162 | 0.194 | 0.226 | 0.258 | 0.291 |
| 120 | 0.027 | 0.054 | 0.081 | 0.108 | 0.135 | 0.161 | 0.188 | 0.215 | 0.242 |
| 140 | 0.023 | 0.046 | 0.069 | 0.092 | 0.115 | 0.138 | 0.161 | 0.184 | 0.207 |
| 160 | 0.020 | 0.040 | 0.060 | 0.080 | 0.101 | 0.121 | 0.141 | 0.161 | 0.181 |
| 180 | 0.018 | 0.036 | 0.054 | 0.072 | 0.090 | 0.108 | 0.126 | 0.144 | 0.162 |
| 200 | 0.016 | 0.032 | 0.048 | 0.064 | 0.080 | 0.097 | 0.113 | 0.129 | 0.145 |
| 220 | 0.015 | 0.029 | 0.044 | 0.058 | 0.073 | 0.088 | 0.102 | 0.117 | 0.131 |
| 240 | 0.014 | 0.027 | 0.040 | 0.053 | 0.067 | 0.081 | 0.095 | 0.108 | 0.121 |
| This table shows the effects of alcohol within one hour on an average of a given body weight. | |||||||||