Arizona DUI License Suspension: What You Need to Know

If you’ve been arrested for DUI in Arizona, you are likely facing serious consequences, including the possibility of losing your driving privileges.

Losing the ability to drive can disrupt your daily life, affecting your job, family, and freedom of movement. Understanding the process and how to protect your driving privileges is critical in the aftermath of a DUI arrest in Phoenix, Arizona.

DUI License Suspensions in Arizona

When you are arrested for a DUI in Arizona, the state takes two separate legal actions against you: a criminal case and an administrative process with the Arizona Motor Vehicle Division (MVD). These are distinct processes for DUI in the state, and both can result in the suspension of your driver’s license, even if you are not convicted in criminal court.

Here’s what you need to know about each:

1. Criminal Case: If convicted of DUI in court, penalties can include fines, jail time, and a court-ordered license suspension or revocation.

2. Administrative Case: Arizona has strict implied consent laws, meaning if you refuse a blood, breath, or urine test after a DUI arrest, your license can be automatically suspended. Even if you comply and take the test, a high blood alcohol concentration (BAC) or drug content can trigger a separate administrative suspension.

These suspensions are independent of each other, meaning you could face a suspension from the MVD regardless of whether you are found guilty of DUI in court.

Admin Per Se Suspension and The Administrative Hearing Process

After a DUI arrest in Arizona, one of the first things you will encounter is the Admin Per Se suspension. This is a civil action taken by the MVD that results in the suspension of your license, typically 15 days after your arrest. It’s triggered if you have a BAC of 0.08% or higher, or if you refuse the chemical test.

The officer will issue an Admin Per Se form, notifying you of your impending license suspension. From the moment this form is issued, you have only 15 days to request a hearing with the MVD to challenge the suspension. Failure to do so results in an automatic suspension.

If you request a hearing, the suspension is paused until the hearing date, giving you the opportunity to fight for your driving privileges. However, if you fail to request a hearing within the 15-day period, even if you later win your criminal case or the charges are dropped, the administrative license suspension could remain in place, further complicating your situation.

What Happens After the Administrative Hearing?

Even after you request the MVD hearing, your license may still be suspended. If this happens, your attorney can help you apply for a restricted license, which would allow limited driving privileges. This type of license is usually available after a portion of the suspension period has passed, typically 30 to 90 days, depending on the specifics of your case.

If you win the administrative hearing but lose the criminal case, you will face suspension under criminal law. However, winning both cases means no suspension at all. Your attorney can help you navigate the timeline and restrictions so that you understand exactly what to expect throughout the process.

How Long is a License Suspension for DUI?

The length of your DUI license suspension varies based on the specifics of your case, including the type of DUI committed, whether it’s your first offense or if you have prior DUI convictions.

Here’s an overview of potential suspension lengths:

• First Offense (Misdemeanor DUI)

If it’s your first DUI, your license could be suspended for 90 days. In this scenario, you may face a full 30-day suspension, followed by a restricted permit allowing you to drive to and from work for the remaining 60 days.

• Second Offense (Misdemeanor DUI)

A second DUI conviction results in a one-year suspension, although you may be eligible for an interlock device after 45 days, allowing limited driving.

• Refusal to Take a Breathalyzer or Blood Test

Refusing the breathalyzer or blood test can lead to an automatic one-year suspension. However, after 90 days, you might qualify for an interlock-restricted license.

• Aggravated DUI (Class 6 Felony)

A more severe form of DUI, such as a Class 6 felony aggravated DUI, results in a one-year license suspension. After serving 90 days, you may be eligible for an interlock-restricted license.

• Aggravated DUI (Class 4 Felony)

This carries a stricter penalty, with a full one-year revocation of your license and no possibility of an interlock device during that time.

Understanding the length of suspension based on your specific circumstances can help you prepare for the consequences. Consulting with an attorney who specializes in DUI license suspension lawyers can also help clarify what to expect and how to proceed.

DUI Conviction and Its Impact on License Suspension

The administrative process and criminal charges are separate, but they are interconnected. If you lose your criminal case, additional penalties can apply, including more severe license suspensions or revocations. Here’s how it works:

• Losing the Criminal Case: Even if you win your MVD hearing, a conviction in criminal court could still result in a license suspension. In some cases, you may be granted limited driving privileges for essential activities like going to work or school, but these permits are not guaranteed.
• Winning the Criminal Case: If you manage to win your criminal case and get the DUI charges dropped, it significantly reduces the chances of a long-term suspension. However, this doesn’t eliminate the need to contest the MVD’s decision, as the two outcomes do not directly affect each other.

Steps to Take After a DUI License Suspension

Once your license suspension has been served, there are steps you need to follow to reinstate your driving privileges. Depending on the type of DUI offense, you may need to:

1. Pay Reinstatement Fees: The MVD requires a reinstatement fee to restore your driving privileges.

2. Complete Required Programs: Depending on your case, you may need to complete alcohol education or treatment programs as ordered by the court.

3. Provide Proof of Insurance: You may need to submit SR-22 insurance forms, which serve as proof of financial responsibility.

4. Install an Ignition Interlock Device (IID): For most DUI cases, Arizona law requires you to install an IID for a set period before you can regain full driving privileges.

Failure to meet these requirements could lead to extended suspensions or further legal consequences, making it important to understand all the obligations tied to your DUI conviction.

How to Avoid License Suspension After a DUI Arrest?

Avoiding a DUI license suspension in AZ is possible in some cases, but it depends largely on the actions you take immediately after your arrest.

Here are some tips on how to avoid license suspension after DUI:

1. Request a Hearing with the MVD

As mentioned, requesting an administrative hearing is the first and most critical step in protecting your driving privileges. Missing this window can lead to automatic suspension, which is much harder to reverse later.

2. Hire an Experienced DUI Attorney

Working with an attorney who specializes in DUI defense can make all the difference. A skilled attorney can challenge the evidence, cross-examine police officers, and present alternative explanations for your arrest. At Alcock & Associates, we have helped countless clients achieve reduced penalties, dismissed charges, or favorable hearing outcomes, even in complex cases.

3. Provide Evidence

If you take the case to an administrative hearing, your lawyer can present evidence that challenges the MVD’s justification for suspension. This can include questioning the accuracy of breathalyzer tests, the validity of field sobriety tests, or the lawfulness of your arrest.

4. Negotiate for Limited Driving Privileges

In some cases, even if you lose both the criminal case and administrative hearing, you may be eligible for restricted driving privileges. These limited licenses allow you to drive to and from work, school, or medical appointments during the suspension period. However, securing this option often requires timely legal intervention.

How DUI License Suspension Lawyers Can Help

Hiring a lawyer with experience handling DUI arrests in Phoenix, Arizona is crucial to defending against both criminal charges and administrative penalties. An attorney can assist you by:

• Filing the necessary paperwork to request your MVD hearing within the 15-day window.
• Representing you at the MVD hearing and cross-examining witnesses under oath.
• Helping you understand the implications of your blood alcohol content (BAC) results or breathalyzer readings.
• Protecting your rights, defending you against charges, challenging the evidence, and negotiating lesser penalties in court.

Experienced attorneys can also guide you through more complicated DUI cases, such as those involving felony charges, multiple DUI arrests, or out-of-state license suspensions.

Protect Your License, Your Future

If you’ve been arrested for DUI in Arizona, don’t wait to take action. The consequences of DUI license suspension in AZ can have long-lasting effects on your personal and professional life. However, with the right legal strategy and timely intervention, you can avoid or minimize these penalties. Speak with an experienced DUI license suspension lawyer to discuss your case and explore your options.

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At Alcock & Associates, we offer a broad range of services to help you navigate DUI cases and other legal matters. Visit our practice areas page to learn more about how we can assist you. Our team of experienced attorneys is ready to guide you through every step of the process.

You can view some of our victories to see how we’ve successfully defended clients facing DUI in Arizona.

For more information, visit our DUI FAQs page or schedule a consultation with one of our DUI attorneys at Alcock & Associates today. Protect your rights and your license—before it’s too late.

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