First-Offense DUI – El Mirage
Can I Still Drive After I Was Arrested For a DUI?
If you were arrested for a DUI in El Mirage, the officer likely gave you a pink piece of paper with the words “ADMIN PER SE/IMPLIED CONSENT AFFIDAVIT” written across the top. If you look toward the bottom portion of that page, you will find a rectangular box titled “ORDER OF SUSPENSION.”
In that box are two paragraphs with a checkbox beside each paragraph. If the checkbox beside the first paragraph is checked, then you are facing a 12-month implied consent driver’s license suspension, which will begin 15 days after the date of your arrest unless you or your attorney request a hearing with the MVD/ADOT within 15 days after your arrest.
If the checkbox beside the second paragraph is checked, then you are facing a 90-day admin per se driver’s license suspension, which will begin 15 days after the date of your arrest unless you or your attorney request a hearing with the MVD/ADOT within 15 days after your arrest.
In most cases, you will want to request a license suspension hearing. However, the details of each case are different, so it is best to consult with a DUI attorney to discuss the best course of action for your case. If a hearing is requested within 15 days, then the license suspension will be stayed pending the outcome of the hearing, meaning that you may to continue driving at least until the hearing date.
What Are The Penalties For a First-Offense DUI?
Arizona has some of the harshest DUI penalties in the country, even for first time DUI offenses. Possible penalties include:
- 10 to 180 days of jail
- Driver’s license suspension
- Up to 5 years of probation
- Substantial fines and fees
- Ignition interlock device requirement
- Alcohol and substance abuse treatment classes
- Permanent criminal record
- Increased insurance rates
- 8 points on your motor vehicle record
- Traffic Survival School
Will I Go To Jail If I Am Convicted Of A DUI?
Arizona has mandatory minimum punishments for DUI convictions, including mandatory minimum jail sentences. While the mandatory minimum for a regular DUI is 10 days of jail, the courts have discretion in some cases to sentence you to a lower term of jail if you agree to do alcohol or substance abuse classes or install an ignition interlock device in your car. There is also a possibility for work release or work furlough. Depending on the specific circumstances of your case, you may even be able to receive credit for time spent in custody on the date of your arrest. None of these situations are guaranteed or automatic, so it is recommended that you have an experienced attorney to help obtain the best possible result.
Is Home Detention Available Instead Of Jail For MY DUI Conviction?
If your case was filed in the El Mirage City Court and you are sentenced to jail, you may be eligible to participate in a home detention program after serving a portion of your jail time at the Maricopa County Jail. This is case specific and not automatic, so it is best to have an attorney that is familiar with the El Mirage City court that can make sure you receive a fair outcome.
Should I Hire A Lawyer For A First Time DUI?
If you have been charged with a first-offense DUI, you will be facing the above consequences if convicted, even if you have an otherwise clean driving record. Along with jail time, you may be subject to collateral consequences that affect you for years to come. In fact, a criminal conviction in Arizona is a permanent record that cannot be expunged. With so much on the line, you want to have an experienced DUI attorney that will fight to get you the best possible result. An aggressive, smart defense offers your best chance at a favorable outcome, including getting evidence suppressed, keeping your driving privileges, having the DUI charge reduced to a lesser offense or having the DUI charge dismissed altogether.
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