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Your Driving Privileges and DUI in Arizona

Posted by Raymond Kimble | Nov 05, 2017 | 0 Comments

The first questions people often have after being arrested for a DUI in Arizona is how much jail time will I have to serve, what are the fines and will I lose my job?  In most cases, people are given a summons and ordered to appear in court weeks or even months in the future.  Consequently, on elf the first things a person should address are the steps require to protect against a nearly immediate suspension or revocation of their Arizona Drivers License.

Arizona Implied Consent Law:

Arizona law  (A.R.S 28-1321) requires you to take a blood, breath, or urine test if you are arrested for DUI. Arizona's “implied consent” law says that if you are lawfully arrested by an officer who has reasonable grounds to believe that you have been driving under the influence of alcohol or drugs,  then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). 

If you are arrested and refuse a blood, breath or urine test, the officer will seize your license and file a notice with the Motor Vehicle Division that will result in the suspension of your license or for a minimum of  twelve months. Failure to expressly agree to or complete the test will be treated as a refusal.  As a last ditch resort, officers will read a "No Further Delay Warning" which gives you one last opportunity to take the test and avoid a potential one year suspension. If this is the second time you have refused a test after a DUI arrest, your license will be subject to a two year revocation. 

Once you refuse to take the test, the officer who arrested you will demand that you surrender your license. You will, however, get a temporary driving permit that is good for fifteen days. The arresting officer must file a sworn affidavit with MVD  explaining that he or she had reasonable grounds to believe that you were driving under the influence, that you refused to take the test, and you were warned of the consequences of refusal.

In order to avoid an automatic one or two year suspension following a refusal, you must request an administrative  hearing with the Motor Vehicle Division in writing or online within fifteen days of receiving a notice of suspension. At the hearing, arresting officer must appear and show that he had reasonable grounds to believe you were driving under the influence, the circumstances of the arrest, your refusal to take the test, and whether you knew the consequences of a refusal. You can also present evidence to fight the suspension. After the hearing, the suspension of your license will either be upheld or vacated.

If this is your first refusal, the suspension will last a year.  After you have completed ninety consecutive days of your suspension, you can request a special, ignition-interlock license that, if granted would allow you to drive with a breathalyzer device on your car for the remaining nine months.

Admin Per Se Suspension:

Even if you cooperate with the arresting officer and consent to a blood, breath or urine test, your license is still subject to a potential 90 day suspension (A.R.S 28-1385).  Officers may seize your license and issue the suspension immediately (that pink piece of paper), as is cases of a breath test, or wait for the  results of a blood or urine test, report the results to Arizona MVD and ask that a suspension notice be issued. 

Once you receive a notice of 90 day suspension, you still have fifteen days to request a hearing.  When represented by an attorney, the hearing can fulfill many purposes including, evaluating the experience of the arresting officer as well as his investigation and allowing the suspension to begin when it may be a bit more convenient for you.  At the hearing, an attorney can question the officer regarding his reasons for stopping you, any signs and symptoms of alcohol consumption or impairment he observed, the administration of field sobriety tests and the procedures used to obtain your breath, blood or urine sample.  The suspension can usually be delayed for up to thirty days following the hearing. Also, after the first thirty days of the suspension, you may be eligible for a restricted drivers license.  This license allows you to drive to work and school and can be obtained simply by completing an alcohol screening session.  You are not eligible for a restricted drivers license if you have previous DUI, implied consent or admin per se suspensions on your record.  At the end of the 90 day suspension period, you must pay a small license reinstatement fee to MVD.

In most cases, the suspension will be upheld or alternatively, it would be in your best interests to permit the suspension to go into effect.  This is because if you are ultimately convicted of a DUI, a 90 day suspension will automatically go into effect, unless you previously served the Admin Per Se suspension.   If you did not, you will be required to post an SR-22 bond to re-instate your driving privileges.   

CALL (480) 833-8613 TO GET HELP NOW

 
 
If you, a family member or friend has been arrested for an Aggravated DUI or Misdemeanor DUI offense in Arizona, it is important that you immediately begin working with a qualified DUI attorney who can effectively represent you in the court of law and take necessary steps to protect your driver's license. 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.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.

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About Raymond Kimble

Raymond A. Kimble is a former police officer and felony prosecutor who has twenty years experience defending people accused of DUI and other criminal offenses throughout Arizona. Mr. Kimble represents clients seeking experienced and aggressive representation to help them fight the charges they face. For more information, contact The Law Office of Raymond A. Kimble today.