Arizona imposes some of the harshest penalties in the nation on people who are charged with, or convicted of DUI. Aside from huge fines, mandatory jail sentences and counseling classes, a DUI charge will also result in the potential suspension or revocation of your driver's license. There are several types of license suspensions associated with a DUI charge. Moreover, the suspension resulting from a DUI charge or conviction may last between ninety days and three years.
Admin Per Se License Suspensions
In many instances people arrested for DUI will be asked to provide a breath or blood sample to police. If the results of a blood or breath test illustrate an alcohol concentration above .08%, officers will confiscate the individual's drivers license and issue them an Admin Per Se Suspension Notice. This suspension normally begins fifteen days from the date the suspension notice is issued to an arrested person unless a request for a hearing to challenge the suspension is filed. An Admin Per Se suspension will result in a loss of driving privileges that lasts ninety days. However, you may be eligible for a Restricted License (or work permit) under certain conditions. To be eligible for a restricted driver's license, you must not have any prior DUI convictions or Admin Per Se suspension and must also complete alcohol screening with a state licensed counseling agency. If you qualify, a restricted license can be obtained after the first thirty days of a suspension are served. Finally, you must pay a reinstatement fee to fully restore your driving privileges at the end of the Admin Per Se suspension period.
Implied Consent Suspension
Anyone who operates a motor vehicle in Arizona impliedly consents to a test of their blood, breath and/or urine for purposes of determining alcohol concentration or drug content following an arrest for DUI. If you are arrested for DUI and refuse to participate in chemical testing as requested by a police officer, you run the risk of an Implied Consent Suspension. These types of suspensions are very harsh as you driving privileges can be revoked for one year if it is your first offense or up to two years for a second incident where you refused to take a blood, breath or urine test.
Similar to Admin Per Se suspensions, an Implied Consent Suspension becomes effective fifteen days after it is served by an officer unless a request for an Administrative Hearing is filed with the Division of Motor Vehicles. If your license is suspended for one year after you refuse to provide a breath or blood sample, you may qualify for a restricted license. A restricted license can be granted of you have no prior DUI convictions, have completed alcohol screening with a state licensed provider and have placed a certified ignition interlock device on your car. Unfortunately, a restricted license is only granted in Implied Consent matters after the first three months of a suspension are served.
License Suspensions Caused by a DUI Conviction
A DUI conviction may also result in the suspension or revocation of your driving privileges. The length and type of suspension is dependent upon whether the DUI conviction involves a misdemeanor or felony and whether it's your first offense.
1. Misdemeanor DUI - A first offense, misdemeanor DUI conviction usually results in a suspension of your drivers license for ninety days. However, if you've already served an Admin Per Se suspension from the same offense which results in the conviction, your license will not be re-suspended. You will be eligible for a restricted license provided you complete alcohol screening. You will also be required to put an ignition interlock device on your vehicle for anywhere between one year and eighteen months and can be mandated to obtain SR22 insurance.
2. 2nd Offense Misdemeanor DUI - A second DUI conviction within eighty-four months will result in a one year revocation of your driver's license. You can obtain a restricted license after the first three months of the suspension provided you place an ignition interlock device on your car. To re-instate your driving privileges, you will need to pay a re-instatement fee, obtain SR22 insurance and provide proof of a certified interlock device.
3. Aggravated DUI - An Aggravated DUI or felony DUI charge will cause MVD to revoke your driving privileges for three years. Aggravated DUI's occur when you have been convicted of a DUI while driving on a suspended license, have three DUI convictions within a seven year period, have a child under the age of 15 in the car while impaired by alcohol or drugs or operate a vehicle in the wrong direction on a highway while impaired. If you are convicted of Aggravated DUI, you will be required to submit a license reinstatement packet to the Division of Motor Vehicles to restore your driving privileges.
Call (480) 833-8613 for Immediate Help
As you can see, a DUI charge can result in very harsh penalties, a loss of your drivers license and will affect future career and professional license opportunities. If you are charged with a misdemeanor or felony DUI offense, you should immediately contact an experienced DUI lawyer. Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you..