Arizona DUI InformationIs Your Arizona DUI Charge About To Ruin Your Life?

You likely got a taste of just how quickly the “system” is willing to turn on you and treat
you as a criminal when you were stopped for DUI.  Many people are often surprised how rude and indignant police treat them when they are arrested for DUI.  The police act this way because the system allows them to act this way.  From the police’s perspective, the court is their friend, not yours.

If you are arrested for DUI, the system will suspend your driver’s license for a minimum of one year if you refuse to submit to a breath, blood or urine test.  In most cases, the system will issue a warrant for your arrest if you do not show up for your first court appearance, unless you have a lawyer in a misdemeanor case.  The police are not required to be there.  If the prosecutor forgot your file, the court will reschedule you to come back on another date.  No warrant will issue for the police or the prosecutor.

In many courts, the court will not accept your guilty plea on your first court appearance.  This is because the court wants to make sure the prosecutor has enough time to thoroughly investigate your background to see if you have a prior DUI conviction.  This helps the prosecutor, not you.  When the officer testifies you did something and you testify you did not, the court will almost always find what the officer said to be true, regardless of how ridiculous or preposterous the officer’s version of events sounds.

Although the court systems were originally created and designed by our country’s founders to protect its citizens from government, the Arizona courts seem to operate from the ideology that they are processing criminals.  Consequently, the Arizona court’s view you as one of the criminals it is processing. One man who was wrongfully convicted of murder put it this way, “The best prosecutor in the curt room was the judge.”  Not all judges and courts are this way, but in my opinion, I have found this to be the case, more often then not in Arizona.  The only people that are their to help you are your family, friends and defense lawyer.

This myth catches many people off guard. The fact of the matter is, if your blood or breath test come back with results above .08, MVD will suspend your license for a minimum of 90 days regardless of wether you are found guilty or not guilty of DUI. MVD’s ability to suspend your driver’s license without a DUI conviction comes from Arizona Admin Per Se (A.R.S. §28-1385) and Implied Consent (A.R.S. §28-1385) Law. MVD will also suspend your license for a minimum of one year if you refuse to submit to a blood, breath or urine test.

These suspensions can be fought and won. However, you should not try and do this without an attorney as you risk obtaining a 3 year Mandatory SR 22 requirement on your driver’s license. In most cases, the SR-22 will cost you more money to obtain auto insurance. The legal issues to properly fight these suspensions are very limited and unique. They have nothing to do with how bad you need your driver’s license. The MVD Judge will not care about that. So, beware of fighting these suspensions on your own and understand they can go into affect before a DUI conviction or even if you are found not guilty of DUI..

There are many ways a DUI incident can cause your driver’s license to be suspended.  This article only deals with “Admin Per Se” or Implied Consent” suspensions.  This is because in most cases, this is the first way a DUI incident starts resulting in suspended driving privileges.  It often occurs even before your first court date.  So these suspensions can arise without a DUI conviction.  This means you do not have to be found guilty of DUI for these suspensions to go into effect.

Most people cited for a DUI will also have their license suspended within 15 days of their DUI arrest if they blew into an official breath testing device or refused to submit to breath, blood or urine testing.  If blood was taken, then the suspension is put off until the official blood test is completed.  Once the results of the blood test are known, then MVD will notify you of your suspension if the results are .08% or more.

MVD LICENSE SUSPENSION

Administrative License Suspensions
The Arizona Department of Motor Vehicles (“MVD”) will suspend your license if you refuse to submit to a breath, blood or urine test after you have been arrested for DUI.  This is an Implied Consent Suspension, also known as a Refusal Suspension.  MVD will also suspend your license for a minimum of 90 days if your breath or blood results show a Blood Alcohol Concentration of .08% or more.  These are known as Admin Per Se Suspensions. 

Refusal/Implied Consent Suspensions
First time Implied Consent Refusal Suspensions will result in a 1-year suspension of your driver’s license.  However, a Special Ignition Interlock Restricted Driver’s License (“SIIRDL”) may be obtained after the first 90 days of the suspension.  The SIIRDL requires you to install an Ignition Interlock Device in your vehicle after the first 90 days and restricts your driving to and from work, school or treatment and for the remaining portion of the suspension.

A second Implied Consent /Refusal Suspension within 7 years of a previous refusal will result in a 2-year suspension of your driver’s license.  There is no SIIRDL available under these circumstances.  A third Implied Consent/Refusal Suspension within 7 years of 2 prior refusals will result in a 2-year suspension.  There is no SIIRDL available under these circumstances.

.08% or More/Admin Per Se Suspensions
First time Implied Consent .08% or more suspensions will result in a 90-day suspension of your driver’s license.  However you can obtain a restricted license allowing you to drive to and from work, school or treatment after the first 30 days of the suspension if you have an Arizona Driver’s License.  If you do not have an Arizona Driver’s License, then you are not eligible for a restricted driver’s license or your nonresident driving privileges will be suspended for 90 days flat.

A second Admin Per Se .08% or more suspension within 7 years will result in a flat 90-day suspension.  Restricted driving privileges are not allowed during any portion of the suspension.

A third Admin Per Se .08% or More Suspension within 7 years will result in a 90-day suspension.  Restricted driving privileges are not during any portion of the suspension.