Posted on December 1, 2021 in DUI
Getting a driving under the influence (DUI) charge in Arizona results in many penalties that will impact your life, including the loss of your driver’s license. If you get a DUI, there is no way around having your license suspended. The length of the suspension will be based on the facts of your case. There are also circumstances where the courts will permit you to drive on a restricted license.
Drunk driving charges in Arizona often result in two different types of driver’s license suspensions. The first is a criminal suspension and the second is an administrative suspension that comes from the Department of Motor Vehicles (DMV). In most situations, multiple license suspensions overlap instead of running back-to-back.
Having your driver’s license suspended by the courts requires a DUI conviction. However, the DMV can suspend your license for being arrested for a DUI, even if you are not convicted of this crime. The DMV can administratively suspend the driver’s license of any driver in Arizona who is arrested for a DUI or refuses to take a breath or blood alcohol test at a traffic stop.
The answer to this question depends on the specific case. It can also change from state to state. In Arizona, the standard length of time that a driver’s license is suspended by the DMV for being arrested for an alleged DUI or unlawfully refusing a blood alcohol concentration (BAC) test is one year (12 months). This is referred to as an implied consent driver’s license suspension or admin per se suspension.
If it is the second time that the driver has refused to take a blood or breath test within 84 months, the automatic suspension is for 24 months. If the driver does consent and the BAC test shows a level of at least 0.08 percent – the legal definition of driving drunk in most states – a 90-day driver’s license suspension is automatically enacted by the DMV. To restore the driving privilege or obtain a restricted license, the driver must complete alcohol and drug screening tests. The driver must also purchase SR22 insurance, in most cases.
If a driver in Arizona is found guilty of a second-offense or third-offense DUI violation, his or her driver’s license will be automatically revoked. License revocation is different from suspension. Rather than temporarily taking away the driving privilege, revocation terminates it completely. As of September 29, 2021, House Bill 2187 states that the DMV will revoke a license for three years if a driver has at least one aggravated DUI conviction combined with any other DUI conviction.
If you receive an administrative license suspension from the DMV, you are entitled to request a hearing to challenge this decision. Handling your hearing correctly, with assistance from a DUI lawyer in Tempe, could potentially restore your driving privileges. An attorney can help you fight against the DUI license suspension using a defense such as a legal or factual insufficiency or arguing that you were not under the influence.
If your driver’s license is suspended or revoked, you will need to go through specific steps to get it reinstated. These often include waiting for the required suspension period, filling out the required forms and submitting them to the DMV, and fulfilling the other requirements as stated in your sentence. In special circumstances, you could qualify for a restricted driver’s license, otherwise known as a hardship permit. This will allow you to drive to necessary places such as work, school, church or a doctor with a suspended license. Discuss your case with an attorney for assistance restoring your driving privileges after a DUI.