When you are arrested for drinking under the influence (DUI) in Arizona, your license will be immediately suspended. A DUI arrest is considered a serious offense and will have immediate consequences even if you have not been convicted of the crime. However, you may get a restricted license, allowing you to drive to work or school. To give you a better understanding of how this works, this article explains what happens to your license after a DUI in Arizona.
Will I Lose My License for A DUI?
Yes, you may lose your license for a DUI charge. If you are arrested for DUI in Arizona, your license will be taken under the following circumstances:
- BAC test results are unavailable
- BAC results of 0.08 or higher
- BAC results are 0.04 or more while driving a commercial vehicle
- A drug is found in your system
Once charged with a DUI, the officer will take your license. They will then issue you an admin per se form, which will serve as your driver’s license for the next 15 days. Under the admin per se law, the state has the authority to suspend your license upon an arrest for a DUI.
The initial suspension of your license from the Motor Vehicle Department (MVD), even before you get to the court. This means that your license will be suspended even if you have not been convicted of a DUI. However, if you end up being convicted of a DUI, then the court may suspend your license.
Is Your License Suspended Immediately After A DUI?
If you are arrested for a DUI in Arizona, your license is not suspended immediately. Instead, you are given a 15-day grace period during which you will still be allowed to drive. However, you are required to request a hearing with the MVD during the 15-day grace period or give up your right to do so. If you do nothing during this period, then the suspension will automatically go into effect.
How Do You Request a Hearing with the MVD?
To stop the automatic suspension of your license, you must request a hearing with the MVD. A written request is needed to request the hearing, which can be submitted via email, mail, or fax. The request will aid in stopping the suspension from going into effect until your court hearing. The three main types of MVD hearings that you may request include
- Administrative Per Se: Hearing of the issues surrounding the charge to make sure that the police had reasonable suspicion that you were impaired.
- Implied Consent: Hearing requested if you refused to provide a breath or blood sample voluntarily after you were stopped.
- Negligent Operator: A Hearing that examines the entire points record.
How Long Is Your License Suspended for A DUI in Arizona?
The period of time your license is suspended for a DUI in Arizona will depend on the type of hearing you get. The MVD hearing involves an Administrative Law Judge who listens to the arresting officer’s testimony and then decides the issue based on the stands of “beyond a reasonable doubt”. The hearing is less formal and there will be no jury, with the burden of the hearing being a preponderance of the evidence, which means the decision is made based on the notion of “more likely than not.”
If the judge upholds the license suspension, your suspension will start within 30 days. In the case of an admin per se hearing, the license will be suspended for 90 days. However, for an implied consent hearing, the suspension will last for 12 months.
For an admin per se suspension, you may still regain some driving privileges after 30 days. This happens if you complete the alcohol screening form from an approved agency. In contrast, you become eligible for restricted driving after 90 days in the case of an implied consent hearing suspension. You will also be required to pay for an ignition interlock device to be installed and maintained on your vehicle.
How a DUI Defense Lawyer Can Help
If you have been arrested or a loved one is facing DUI charges, you need to speak with an experienced DUI defense lawyer as soon as possible. The attorney will guide you through the process, ensuring you get the best possible outcome. At Schill Group, we represent clients throughout Arizona, making it easier for you to navigate the legal landscape. Get in touch with our attorneys today to get the support you need to navigate DUI charges in Arizona.
