Although some people mistake driving under the influence for a minor charge, DUI conviction can have life-altering consequences. Most people usually feel confused for lack of clarity of on happens after they have been arrested for a DUI. In this article, we briefly explain what happens when you get a DUI in Arizona and what you need to do to protect yourself.
DUI Consequences in Criminal Court
If you are convicted of a DUI, it can alter your life in many ways due to the possibility of jail time even for a first-time offense. You may also be required to pay hefty fines, have an ignition interlock device installed in your car, and attend alcohol education classes and AA sessions. As a DUI convict, you will have permanent criminal record, which can make obtaining professional licenses difficult. It may also make it difficult to get a job or into a good college or university.
Although most DUI cases are misdemeanors, some can be charged as felonies with worse consequences. This is particularly for cases related to hit and run, and accidents that involve great bodily harm to victims. For a felony DUI conviction, you will be charged with huge fines, long state prison terms, and longer drivers’ license suspensions. Further, an Aggravated DUI charge is prosecuted as a class 4 felony if the driver is caught drunk driving while:
- Having two prior DUI convictions within the past 84 months
- Having been ordered by a court to drive only with an ignition interlock device (IID).
- Using a suspended driver’s license for a previous DUI arrest
Those who are caught driving under the influence with someone younger than 15 years old is in the car are slapped with a Class 6 Felony charge.
DUI Consequences with the MVD
Although what happens after you get a DUI may vary across regions, State law considers driving a privilege rather than a right. If you get arrested for a DUI in Arizona, your license is automatically suspended for 90 days. You will have 15 days to request a hearing with the MVD to challenge your license’s suspension. If you do not request an MVD hearing within 15 days, the affidavit of suspension issued by the arresting police officer will automatically go into effect. This suspension will stick even if the DUI charges are dismissed.
Stages of a DUI Case
A DUI case involves several stages from the time of arrest to court proceedings and sentencing.
Arrest
A DUI case starts when a police officer asks a driver to pull over on reasonable suspicion of driving under the influence. This involves the officer asking your questions, asking you to take a breath test or blood test, and administering FSTs or field sobriety tests. If the officer finds insufficient evidence, you may be arrested for DUI. The officer can then book you into jail, allow a friend or a relative to pick you up, or turn you over to a detox facility,
Admin Per Se/Implied Consent Hearings with the MVD
Once arrested for DUI, the officer issues an Admin Per Se/Implied Consent Affidavit, requiring you to request a hearing with the MVD within fifteen days, or your license is automatically suspended for 90 days.
The Criminal Court Process
The criminal court process includes the steps you will go through to determine the classification of your arrest and possible sentencing:
- Arraignment: On a DUI arrest, the officer issues you a citation that contains the date, time, and location of your arraignment (Your first appearance in court). During your arraignment, the judge will read the charges against you and ask whether you plead guilty, not guilty, or no contest to those charges.
- Pre-Trial Conferences: A You DUI case will include several pre-trial conferences between you or your lawyer and the prosecutor to negotiate a plea deal.
- Filing of Motions: The attorneys on opposing sides of a DUI trial will introduce written motions. The presiding judge will then pen a ruling that the defense and prosecution must abide by during the trial.
- Trial: If you refuse any plea agreement offered by the prosecution, your case will be tried in court. In this case, the state must prove beyond reasonable doubt the charges against you.
- Sentencing: If the case ends with the jury convicting you of a DUI, the judge will determine your sentence based on state’s recommendations and mitigating factors presented by your attorney.
Get an Experienced DUI Lawyer to Represent You
If you have been arrested for a DUI, contact our lawyers at Schill Law Group. We will answer all the questions you may be having. We will take you through what happens after you get a DUI and review the facts of your case to prepare the best possible defense for you,