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Collateral Consequences

If a defendant is found guilty of a misdemeanor DUI under 28 A.R.S. § 1381, or 28 A.R.S. § 1382, the following consequences will also apply:

The Arizona Department of Transportation Motor Vehicle Division (MVD) and/or the court will require the defendant to install an Ignition Interlock Device (IID). It is a class 1 misdemeanor for a person who is required to have an IID to operate a motor vehicle unless that motor vehicle is equipped with a functioning IID;

Traffic Survival School. If the defendant fails to complete it, their Arizona driver’s license or privilege to drive will be suspended for an additional six months;

Suspension of your license or privilege to drive for at least 90 days, as well as payment of a reinstatement fee. The defendant may also have to post an SR-22 Insurance Certificate. The defendant has a prior DUI or Reckless Driving conviction within the past 7 years their license or privilege to drive will be revoked for a period of at least 1 year. If the defendant is licensed to drive in another state, their license may be subject to additional license suspension and/or revocation in accordance with that state’s laws. If the defendant has two such prior convictions, their Arizona license or privilege to drive will be revoked for a period of at least 3 years;

If  the defendant is found guilty of either 28 A.R.S. § 1381.A.3, Driving With an Illegal Drug in Your Body or 28 A.R.S. § 1381.A.1, Driving Under the Influence, and the court determines that controlled substances, prescription or otherwise, contributed to the impairment, then MVD will revoke the defendant’s driver’s license of privilege to drive for at least 1 year;

8 points will be assessed against the defendant’s Arizona driver’s license or privilege to drive. Other traffic charges you may be facing, for instance, 28 A.R.S. § 701, Speeding, also result in the assessment of points. The assessment of 13 or more points within a 12-month time period results in the suspension of the person’s driver’s license or privilege to drive in Arizona for a period of 3 months or more, with no eligibility for a restricted license.

If the defendant has a Commercial Driver’s License (CDL) issued by the State of Arizona, your CDL will be revoked for a period of at least one (1) year. If the CDL is issued by another state, it may be revoked in accordance with the laws of that state. If you have a prior DUI and are convicted of a second DUI this will result in a lifetime CDL suspension.

If the defendant is convicted of 4 A.R.S. § 244.33, Underage Drinking and Driving, the sentence includes a two (2) year suspension of the defendant’s  driver’s license or privilege to drive with only the possibility of a restricted license and requirement to post an SR-22 insurance certificate.

In Arizona under 28 A.R.S. § 1464.B, it is a class 1 misdemeanor to knowingly rent, lease or lend a motor vehicle to a person who is required to have an I.I.D., unless that motor vehicle is equipped with a functioning I.I.D. Whether it is a crime to do so in another state is dependent on the laws of that state. Many national car rental companies will not rent a motor vehicle to a person who has been convicted of Driving Under the Influence for up to 5 years from the date of the conviction;

The police may seize and forfeit a vehicle driven by a person whose license is then suspended;

Certain licensed professionals, such as teachers, child care workers, etc., are required to have fingerprint clearance cards issued by the Arizona Department of Public Safety. While an arrest for certain misdemeanor offenses, including DUI, will not automatically result in suspension of the fingerprint clearance card, it will result in a 5-year suspension of the person’s ability to drive a motor vehicle transporting individuals while working in an occupation which requires a fingerprint clearance card. For example, an arrest for Driving Under the Influence will suspend a teacher’s license to transport school children while the teacher is on the job;

Other licensed professionals such as attorneys, nurses, etc., are required by their respective rules of conduct to report any criminal arrests and convictions to their licensing boards;

A conviction for any DUI can effect a person’s ability to get custody of their children in a contested custody proceeding. 25 A.R.S. § 403.04 provides a rebuttal presumption against sole or joint custody being awarded to a parent who has been convicted of a DUI within 12 months prior to the filing of a petition for custody. To overcome that presumption the person must, at minimum, show that they have successfully completed Alcohol and/ or Drug Counseling and may also have to submit to random drug testing for 6 months;

Immigration Status. It is the practice of the Maricopa County Sheriff’s Office and most other County Sheriff’s Department’s to check the immigration status of people serving jail sentences in the county jail. If a person is illegally in this country, the Sheriff’s Office may not release that person from custody upon completion of that sentence, but rather may transfer them to the Immigration and Naturalization Service (INS) for deportation;

If  the defendant is on probation for any other crime and found guilty of DUI, or any other crime, for an act occurring while on probation, the probation sentence may be revoked and the defendant can be sentenced up to the maximum possible sentence allowable for the violation of probation. For example, if on June 1, 2001 a person is sentenced to 3 years probation for a Class 1 misdemeanor theft and on July 1, 2002 commits a violation of 28 A.R.S. § 1381.A.1, DUI, then upon conviction his sentence of probation may be revoked and he can be resentenced to the maximum possible sentence for the Class 1 misdemeanor crime of Theft, namely, six months in jail;

Any person who is not a Canadian citizen and has been convicted for any crime within the United States may be barred from entry into Canada;

If the defendant fails to comply with your sentencing requirements, for any reason, in addition to other possible sanctions, such as ordering you to serve more jail time, the court will assess non-compliance fees.

The Schill Law Group has the knowledge and experience to build a strong case for you with our expertise and over 100 years combined experience. Our clients trust us and refer our firm to their friends and loved ones more than any other Arizona DUI legal team.

Don’t attempt to fight a DUI or DUI related case on your own. Reach out to the experts at The Schill Law Group for a free case consultation today at (480) 631-9371.

– DUI Defense Lawyers

Our Team

John Schill

John Schill

Andrew Spillman

Andrew Spillman

Matthew Jefferson

Matthew Jefferson

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