Driving under the influence (DUI) in Arizona has serious consequences, especially when it comes to your driver’s license. When your license is suspended due to a DUI, it affects much more than just your ability to drive. It can impact your finances, employment, and personal freedom. In this blog, we’ll explore what happens during an Arizona license suspension and what you need to know about the process.
Arizona License Suspension in DUI Laws
In Arizona, a DUI is a serious offense that can result in a suspension of your license or privilege to drive. The state’s Motor Vehicle Division imposes administrative penalties separate from any criminal charges. This means that even before a court case is resolved, or even filed, your license can be suspended due to being suspected of a DUI, or based on a refusal to take a requested chemical test.
Step-by-Step Guide to DUI License Suspension Process
Getting an Arizona suspended license can be complex. Here is a detailed outline of the process below.
Arrest and Citation
The process typically begins with a DUI arrest. Police officers may stop you if they suspect any traffic violation, even if the intent is to investigate the possibility of impaired driving. If the officer finds that you are intoxicated or impaired by alcohol and/or drugs and/or medications,, you will be arrested. Following the arrest, you may receive a citation detailing the charges and the requirement to appear at an upcoming court date.. This citation will include information about your charges, upcoming court appearance, and the steps you need to take next.
Administrative Suspension
Following a DUI arrest, the Arizona Motor Vehicle Division (MVD) will very likely impose an administrative license suspension. This Arizona suspended license occurs separately from any criminal proceedings. It is due to simply being suspected of a DUI offense, and may or may not be done based on the results of a chemical test (such as a breathalyzer or blood test); or can be based solely on your refusal to submit to the requested chemical testing, even if it is later shown that you had no impairing substances in your system. By law, the administrative suspension is scheduled to start 30 days from the date of arrest, unless otherwise stated in a letter from the Arizona Department of Transportation (ADOT). This suspension can be as low as 90 days, and as high as two years, depending on what is being alleged, and any past issues with your driving record.
Requesting a Hearing
You are entitled to request a hearing to challenge the attempt to suspend your license, either on the allegation that you were suspected of a DUI, or on the allegation that you refused the requested chemical test. It is extremely important to act quickly because there is a limited window of time—typically 30 days from the date of the arrest, or 20 days from the date of a letter from ADOT — to request this hearing. At the hearing, there will be an opportunity to present evidence and arguments challenging the attempted suspension.
Hearing Process
At the hearing, you or your Attorney can present evidence and arguments against the suspension. This can include questioning the validity of the chemical tests, the arrest procedure, and any other factors. The outcome will determine whether your license suspension will be upheld or vacated. If the suspension is upheld, it will remain in effect for the designated period, with the potential to get a restricted license during some or all of the suspension term.
Criminal Court Proceedings
Besides the administrative process with the Arizona Department of Transportation, you may face criminal court proceedings for the DUI charge. These proceedings are separate and will concern your guilt or innocence on these criminal charges. A conviction on any type of DUI offense does require mandated minimum penalties, as well as consequential punishments if found guilty.
Sentencing and Penalties
If convicted of any DUI offense, the Court will impose sentencing and penalties based on the severity of the offense and your prior record. These consequences may involve fines and fees, additional license suspension or revocation, mandatory alcohol / drug education programs, jail time, home detention, community restitution (community service), probation, and an ignition interlock device.
Reinstatement Process
Once the suspension period is over and all court requirements are fulfilled, you can begin the process of reinstating your driver’s license. This typically involves paying reinstatement fees, completing any required alcohol education requirements, and providing proof of compliance with court orders. The MVD will review your case and, if all conditions are met, reinstate your driving privileges.
Implications When a Driver’s License Gets Suspended Due to DUI
Facing a license suspension in Arizona due to a DUI conviction and/or arrest can have significant implications for individuals and their daily lives. From restrictions on transportation to legal consequences, understanding the implications of getting your license suspended is crucial:
- Legal Consequences – DUI offenses in Arizona result in serious legal penalties, including fines and fees, license suspension or revocation, mandatory alcohol / drug education programs, jail time, home detention, community restitution (community service), probation, and an ignition interlock device. The severity of these penalties depends on factors such as blood alcohol concentration (BAC) levels and prior DUI convictions.
- Financial Impact – Besides potential fines associated with DUI convictions, individuals may need to pay for legal defense, court fees, and higher insurance premiums. They could also lose income or career opportunities due to legal proceedings or time spent in jail.
- Employment Challenges – A DUI conviction can hinder job prospects, especially in roles requiring driving or sensitive to criminal records. This could lead to job loss, difficulty finding new employment, or limitations in career advancement opportunities, especially in certain industries.
- Social and Personal Impact – DUI charges can damage personal relationships and social reputation because of the stigma attached to them. Individuals may experience emotional distress, guilt, shame, or isolation, affecting their mental well-being and overall quality of life.
- Driving Privileges – In Arizona, a DUI often results in the suspension or revocation of driving privileges. This restriction can significantly limit an individual’s mobility and independence, making it challenging to commute to work, attend appointments, or fulfill daily responsibilities. Depending on the severity of the offense, and any prior DUI history, the duration of the license suspension or revocation can vary, further impacting individuals’ ability to lead their normal lives.
The Importance of DUI Attorneys in DUI Suspended Driving Privileges
When facing license suspensions, DUI Attorneys play a crucial role in advocating for their clients and navigating the legal complexities involved. Here’s how they can assist with your DUI driver’s license suspension:
- Legal Expertise – DUI Defense Attorneys have in-depth knowledge of Arizona’s laws regarding license suspension, including the specific criteria for suspension and potential legal defenses.
- Client Support – DUI Attorneys provide ongoing support and guidance to clients throughout the entire process, helping them understand their rights and responsibilities and offering advice on compliance with court and Motor Vehicle Division requirements.
- Case Evaluation – Attorneys assess the circumstances of the DUI arrest and subsequent Arizona driver’s license suspension to identify any legal issues, procedural errors, or constitutional violations that could invalidate the suspension.
- Representation in Hearings – If a driver wishes to challenge their license suspension, a DUI Attorney can represent them in an administrative hearing with the Arizona Department of Transportation. Attorneys present evidence, cross-examine witnesses, and argue legal points on behalf of their clients.
- Negotiation Skills – In some cases, Attorneys negotiate with Prosecutors or ADOT officials to seek reduced charges or alternative penalties that may lessen the impact on the client’s driving privileges.
- Appeals Process – If a DUI driver’s license suspension is upheld following an administrative hearing, DUI Attorneys can guide their clients through the appeals process, pursuing legal remedies to potentially overturn the suspension.
Reinstatement Assistance: After a license suspension period ends, Attorneys help clients navigate the reinstatement process, ensuring all requirements are fulfilled to regain driving privileges.
Arizona License Consequences
Driver license suspension in Arizona is a serious matter with far-reaching consequences. Whether it’s due to DUI-related offenses, point accumulation, or other violations, understanding the process is essential for all drivers. By taking proactive measures, you can mitigate the impact of license suspension and work towards reinstating your driving privileges.
If you’re facing license suspension or have questions about your legal rights and options, don’t hesitate to reach out for a free consultation with the 602 DUI Team. Our DUI Suspended License Lawyer can provide personalized guidance based on your specific circumstances and help you resolve your license suspension concerns.
