Being convicted of DUI in Arizona can come with a variety of consequences depending on the specific charges and type of conviction. Depending on things like your blood alcohol content or previous DUI/DWI charges, you will either be charged with a misdemeanor or a felony and you may have your driver’s license suspended or revoked. Having your driver’s license suspended could pose a number of problems for you such as difficulty getting to work, difficulty taking your children to school, difficulty completing other tasks, etc. That is why, if you have been charged with a DUI, it is important to hire and experienced and knowledgeable attorney as soon as possible. Ideally, you would hire an attorney before answering any questions that could potentially damage your case.
What many people may not realize is that if you have been charged with a DUI in Arizona, you will face two separate processes. First, there will be criminal charged filed against you and there will also be an administrative hearing through the Arizona Motor Vehicle Department. Much of what will influence the outcome of your administrative hearing will depend on your previous driving history.
First, at the time of your arrest you will likely be given an Admin Per Se/Implied Consent form that notifies you that you must request a hearing within 15 days of your arrest or your license can be suspended. Do not ignore this; if you miss your hearing your license will be automatically suspended! At Alcock Law, we can assist you in filing your request so that you do not miss your deadline. You have the option to accept the initial suspension without requesting a hearing but it leaves you little time to figure out driving/ride accommodations since you will be without your driver’s license.
At Alcock Law, we recommend requesting a hearing because it will not only give you more time but it will also give us the opportunity to accumulate additional evidence that could be helpful in your case. The hearing is rather simple and informal and, in fact, you do not even need to be present for it. The judge will want to collect information such as whether or not you were driving a motor vehicle, you consumed alcohol, you were offered a blood or breath test, whether or not you finished the test and the result was .08 or greater, and whether or not the blood or breath testing device was operating normally, and whether or not you refused to take the blood or breath test. Even if you win your hearing, you could still ultimately be convicted of DUI. In some cases, your driver’s license may be suspended but you may be granted a “to and from work” permit but if you request a hearing and are later convicted of DUI you may not be granted the permit.
The suspension length varies depending on whether or not it is your first conviction, a misdemeanor or a felony. For your first misdemeanor DUI, you will face a 90 day suspension with 30 days complete suspension and 60 days to and from work. For a second time misdemeanor DUI, you will face a 1 year suspension but you may be eligible for an interlock license after serving 45 days of the suspension. For refusal cases you will face a one year suspension but be eligible for a restricted interlock device license after serving 90 days of the suspension. For aggravated DUI Class 6 Felony you will face a one year license suspension with interlock restricted license available after 90 days. And finally, for an aggravated DUI Class 4 Felony you will face a one year license revocation. For assistance with your DUI case and possible driver’s license suspension, contact an experienced DUI attorney as soon as possible.
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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004