Facts Regarding DUI Drivers License Suspension in Arizona
It doesn’t really matter if you’re slightly impaired, if you’re committing DUI for the first time or if mitigating factors are present. Arizona is very strict when it comes to imposing DUI sanctions and license revocation is one of those.
Arizona is an implied consent state – driving is a privilege and not a right. Hence, a violation of laws or a refusal to do a BAC test will contribute to you losing that privilege in the form of a license suspension.
First-Time DUI and License Suspension
While courts do tend to be more lenient in the case of first-time offenders (especially if mitigating factors are present), you will still face sanctions for driving under the influence.
A person whose BAC at the time of operating a vehicle is 0.08 percent or higher will be committing a DUI. Keep in mind, however, that impairment to the slightest degree is also recognized in Arizona. Thus, you may face DUI charges with a lower alcohol concentration in your blood.
First-time DUI offenses are classified as Class 1 misdemeanors in Arizona. These carry sanctions of at least 24 hours in jail, 250 dollars in fines, the installation of an ignition interlock device (IID) in the car and a license suspension ranging from 90 to 360 days.
A 90-day suspension applies to everyone who has to do a BAC chemical test. This administrative measure is known as an implied consent suspension. Even if a person isn’t found guilty of driving under the influence, the suspension will remain valid. It’s a separate administrative measure and not a part of a criminal conviction (that comes with its specific sanctions like jail time, fines and probation).
The fact that the suspension is imposed doesn’t mean you don’t have the right to challenge it. Every individual who has had their license suspended in the state of Arizona is entitled to a hearing, during which they could provide reasons as to why the suspension shouldn’t be enforced.
Individuals who refuse to do a BAC test will not be doing themselves a favor. In such instances, a mandatory one-year license suspension will take place.
Drivers who have their license suspended could apply for a special restricted license. This restricted license could be used to get to work and back home, for example. While license suspension is an administrative measure, criminal DUI attorneys in Arizona know what it takes to challenge the measure or to help their clients get a restricted permit. Talk to your lawyer about this situation and inquire what’s needed to deal with the problem.
Drug-Related DUIs and License Suspension
People who drive under the influence of drugs will face the same license suspension measures as those who have been impaired by alcohol.
There’s going to be a minimum license suspension of 90 days that can extend to a longer period of time for second-time and repeat offenders.
The only difference between people who get a DUI after drinking alcohol and after taking drugs is that those impaired by drugs are not required to have an ignition interlock device installed in their car.
Repeat Offenders and License Suspension Periods
Repeat offenders, whether committing a DUI or refusing a BAC test, could face even longer suspension periods.
Refusing a BAC test for the second time will contribute to a two-year license suspension in Arizona. A third-time offender will have their driving rights taken away for two years, as well.
Second time DUI offenders will face a one-year license suspension instead of the mandatory 90 days for a first-time offender. A third DUI offense will contribute to a license suspension for a period of three years.
You can fight to restore your driving privilege and you definitely should. For the purpose, you need to have some knowledge of your rights and you also need an experienced DUI attorney who will suggest the best grounds for challenging the suspension.
Click here to find out 4 examples of probable cause for DUI arrest in Arizona.