Arizona DUI License Suspension
A DUI arrest and conviction can have an impact on your ability to drive. Many people consider a driver's license suspension as the most serious penalty they could face as a result of a DUI.
It is important to note that you must have a suspended license reinstated and pay a reinstatement fee, in order to get your driving privileges back. This even applies to individuals with out of state licenses.
The following are the potential suspensions you could face due to a DUI.
Admin Per Se Suspension
If you are merely arrested for a DUI, and served with a suspension notice by the police officer, a 90 day suspension of your driving privileges is automatically imposed starting 15 days after your arrest. If you have an Arizona driver's license, you will not be able to drive at all for 30 days, and then for the remaining 60 days, you will be allowed to drive to and from work and to and from school. If you have an out of state license, you are not entitled to the to and from work permit and you will be required to not drive at all for 90 days.
You are entitled to a hearing for this type of suspension, but the hearing must be requested before the 15 day grace period expires.
If a hearing is properly requested, the suspension will not go into effect unless at the hearing the police officer is able to prove by a preponderance of the evidence that you were DUI. This hearing takes place with the Motor Vehicle Division's Executive Hearing Office and is presided over by a administrative law judge. It is separate from any criminal proceeding.
Usually this type of suspension only applies in cases involving breath testing due to the immediate availability of the results of the breath test to the arresting police officer. In a blood testing case, the police officer could file the suspension once the blood results come in, but usually they do not.
Implied Consent Suspension
This type of suspension only applies to a driver who refuses to submit a breath, blood, or urine sample when requested to do so by the arresting officer. If after being properly advised of the penalty for not voluntarily submitting a breath, blood, or urine sample, you still refuse to do so, the officer will serve you with a one year license suspension. This type of suspension also has a 15 day grace period in which to request a hearing.
If a hearing is properly requested, the suspension will not go into effect unless at the hearing the police officer is able to prove by a preponderance of the evidence that you were properly informed of the penalties for not voluntarily submitting a breath, blood, or urine sample and that after being properly informed you refused to do so. This hearing takes place with the Motor Vehicle Division's Executive Hearing Office and is presided over by a administrative law judge. Oftentimes, this hearing is conducted at the same time as the admin per se hearing. Like the admin per se hearing, it is separate from any criminal proceeding.
Court Ordered Suspension
If you are convicted of a first time misdemeanor DUI, the criminal court will notify the Motor Vehicle Division of the conviction. Once MVD receives this notice, if you have not served the Admin Per Se Suspension, they will suspend your license for 90 days. This type of suspension may be eligible for a to and from work permit if you have an Arizona driver's license. For a second offense DUI or a DUI involving drugs, there is a one year driver's license suspension with no eligibility for a to and from work permit.
If you are convicted of a felony DUI offense, there is a mandatory 3 year driver's license revocation. During this period you may not drive at all and at the end of the revocation period, you must go through a special re-application process in order to get your driving privileges reinstated.
Points Suspension
A DUI is an 8 point driving violation. Arizona requires that any individual who gets 8 to 12 points in a 1 year period to attend Traffic Survival School, or face a 90 day suspension. If you get 13 to 17 points in a one year period, or if you have already attended Traffic Survival School in the last two years, Traffic Survival School is not an option and a 90 day suspension will automatically be imposed. This suspension is in addition to any other suspension and you are not entitled to a hearing regarding this suspension.
Underage DUI Suspension
If you are convicted of driving with any amount of alcohol in your body while under the age of 21, there is an automatic 2 year driver's license suspension. The judge can authorize to and from work and school driving privileges, but he must expressly do so.
Next:
Going to Court for a Misdemeanor DUI
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