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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

DUI Consequences Archives

Arizona Implied Consent/ Admin Per Se Law

Reading little fine print is important. Because when you signed up for your driver's license in Arizona you consented to having your blood, breath or urine sample taken and analyzed if a stopping officer has reasonable suspicion to believe you are driving under the influence. That is what is known as the implied consent law. By getting your license and driving on Arizona roads you have agreed to those terms. You have no say in which test is administered; that is completely up to the officer who stops you.

Losing Driving Privileges Due to an AZ DUI: Loss Because of Arrest (Part 1 of 3)

Getting accused of a DUI is scary in Arizona. If convicted, one may lose his or her freedom, pay fines, have an ignition interlock device installed in his or her car, and have to attend multiple classes. However, the potential loss of driving privileges is one of the most difficult consequences to deal with. In Arizona, and within Maricopa County in particular, public transportation is seriously deficient. Losing one's driving privileges can often result in an inability to get to work.

What is an Admin Per Se in Arizona

Whether you know it or not, you have agreed to give an officer a blood, breath, or urine sample at their request if they have reason to believe that you were operating a motor vehicle with a Blood Alcohol Content (BAC) above a .08%. It was one of the many lines in small print right above the signature line when you signed up to get your AZ driver's license issued. The agreement (that you probably didn't even know you entered) says that if you are found by MVD to have been driving with a BAC above a .08, than you will be forced to serve a 90 day driving suspension. There is no automatic hearing to make that determination. If the officer thinks your BAC is higher than a .08, then you get a suspension. Since driving is a privilege and not a right in Arizona, due process does not attach as stringently, which means that a Judge does not have to look at it. YOU have to request that a Judge reviews the material or else the suspension automatically goes into effect. Furthermore, YOU have to request that a Judge look at it within 15 days of the officer notifying MVD or else you waive your right to have a Judge look at it. From a practical perspective, it means that you can be totally innocent of DUI, be picked up and arrested in a holiday sweep, and if you don't know the system intricately enough to make timely request for hearing with MVD, then you are stuck losing your license for 90 days. No matter what your circumstance is, if you have been arrested for a DUI, you need to have a smart and aggressive attorney help you assert your rights. Contact us today for a free consultation.

Will I only have to have my interlock on for 6 months??

The short answer is: maybe. Right now the Arizona Motor Vehicle Division (MVD) is figuring out how to implement some of the changes in the 2012 Arizona DUI Law, known as SB 1200. It is a common misunderstanding to think that the law reduced the interlock requirement in Arizona to 6 months. What it does is offer some people a deferment of 6 months after successful completion of 6 months. This deferment can be revoked at anytime and may not be offered. Its retroactivity to 2011 and earlier arrests is very much in question, but currently Arizona MVD seems inclined to only offer to people with dates of violation after Jan 1, 2012. This may change. What's more interesting are some provisions that will allow individuals to not have ignition interlock on at all. Yes- No interlock!! If you've been arrested for a DUI call a competent Arizona DUI attorney and see if they can help navigate you to a situation with no interlock requirement.

MAJOR CHANGES IN DUI DEFENSE ARE IN EFFECT

The most comprehensive DUI law changes since the 1990's were passed this past legislative session. SB 1200 has completely changed the way a person accused of DUI will be treated within the criminal justice system. This new law that went into effect January 1, 2012 will effect a person's rights, and potential consequences in all aspects of their case. It is unclear, because of how the law was written, which parts will apply to people arrested before that date. Additionally, contrary to internet rumors, not all aspects of this law will benefit those accused of alleged impaired driving. It is extremely important (perhaps now more than ever) to hire a competent DUI lawyer. Otherwise, you could both miss out on benefits in the change in law and be subject to some of negatives that could easily have been avoided.

Drunk Driving Penalties in Arizona: Super Extreme DUI Conviction (Part 5 of 6)

At this point in our series, we have discussed the minimum penalties for convictions of the following misdemeanor DUI charges in Arizona: Impaired to the Slightest Degree, BAC Above .08, and BAC Above .15 (Extreme DUI). We will now discuss the consequences for a conviction under A.R.S. 28-1382 (A)(2), which is for having a BAC Above .20 within two hours of driving. This charge is commonly known as a Super Extreme DUI.

Drunk Driving Penalties in Arizona: Extreme DUI Conviction (Part 4 of 6)

In our last post in this series, we discussed the minimum penalties for a conviction of a BAC Above .08 Charge in Arizona. Now, we will discuss the consequences for a conviction under A.R.S. Section 28-1382(A) - which is a charge for BAC Above .15 within two hours of driving. This charge is most commonly known as an Extreme DUI.

Drunk Driving Penalties in Arizona: BAC Above .08 Conviction (Part 3 of 6)

Continuing with our series on misdemeanor DUI penalties in Arizona, we will now discuss the minimum penalties for a conviction of the BAC Greater Than .08 Within 2 Hours of Driving Charge under A.R.S. Section 28-1381(A)(2) (commonly referred to as BAC Above .08).

We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
AACJ Arizona Attorneys for Criminal Justice Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

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