DUI in Arizona can result in jail time, fines, community service, losing your driver’s license, felony charges, among other penalties. The length of time your license may be suspended following a DUI arrest is determined by the specifics of your case. In some circumstances, action can be taken to reduce or mitigate the length of the license suspension. The criminal defense attorneys at Lerner and Rowe Law Group review what you need to know about your license after an Arizona DUI.
How Does My License get Suspended after a DUI?
There are generally three ways a person’s license can be suspended for a DUI:
- Administratively through Arizona’s Admin Per Se and Implied Consent Laws
- As a consequence to a DUI conviction
- Points accumulation
What’s an Administrative License Suspension for DUI?
When a driver in Arizona is arrested for suspicion of driving under the influence (DUI), that driver is usually served with an Administrative Per Se / Implied Consent Affidavit. Also known as the “Admin Per Se Form”, this Affidavit is a restatement of the Arizona law as it applies to a person suspected of committing a DUI. In Arizona, by obtaining a driver’s license the licensee gives implied consent to submit to a breath, blood or urine sample so that the government can measure your blood alcohol concentration (BAC) or determine if you have any drug or its metabolite in your system as part of a DUI investigation.
The Admin Per Se Implied / Consent Affidavit is read to the arrested person suspected of committing a DUI. In short, the affidavit explains that the officer is requesting consent to take a sample of your blood, breath, or urine to determine your BAC. The Affidavit also explains the consequences for refusing to consent to the test.
Consenting to the Test
If you consent to the test and the test results are not available or indicate a BAC of 0.08% or greater or indicate there is any illegal drug in your system for which you do not have a valid prescription, then your driving privilege will be suspended for not less than 90 consecutive days.
Refusing the Test
If you do not expressly agree to testing or successfully complete the tests, your Arizona driving privilege will be suspended for 12 months or for two years if you have a prior implied-consent refusals in the previous 84 months.
Right to a Hearing
You have the right to request a hearing to challenge the suspension. The request for a hearing must be in writing and received by ADOT’s Executive hearing office within 15 days of being served with the Admin Per Se form or receiving a suspension notice from ADOT, whichever is sooner.
There is a nuanced relationship between the administrative suspension and a DUI charge which can affect the collateral consequences to a conviction. For this reason, we advise consulting and working with a DUI attorney for your DUI case.
How Long Is My License Suspended After a DUI in Arizona?
There are various categories of DUIs defined by the Arizona Revised Statutes: standard, extreme, super extreme, aggravated, and underage. The type of DUI you are convicted of will determine the length of suspension.
Keep reading to learn what you can expect following a first time Arizona DUI conviction.
- License automatically suspended by the Arizona Department of Transportation (ADOT) for 90 days.
- Complete drug and alcohol testing to minimize license suspension to 30 days for a restricted permit.
- Possible sentence of ten consecutive days in jail without probation.
- Up to $2,500 in fines.
- Possible community service.
- Those convicted of DUI must install a certified ignition interlock device (CIID) in any car they own or operate for at least a year.
- 90-day license suspension.
- First offenses for BACs between 0.08 and 0.20 carry a 30-day jail sentence.
- Fines up to $3,000.
- Possible community service.
- Required to complete a traffic survival course, if convicted.
- CIID for up to one year.
Super Extreme DUIs
- First offense= license suspended for 90 days.
- Second or third offense: one-year license suspension.
- 45-day jail sentence if BAC is proved to be higher than 0.20 percent.
- Up to $3,000 in fines/fees.
- Mandatory drug and alcohol counseling.
- 18-month CIID installation after license reinstatement.
Aggravated DUI (Felony)
- One-year license suspension.
- Aggravated DUI charges occur if you are convicted under the following conditions:
- While driving privileges are suspended
- Three or more DUIs in 84 months (7 years)
- While being legally required to have a CIID device in your car
- Having a 15-year-old or younger passenger
- Minimum of four months in prison
- Loss of voting rights and right to possess a firearm.
Each time a person is convicted or forfeits bail for a moving traffic violation, MVD assesses points against the person’s permanent driving record. An accumulation of 8 or more points in any 12-month period can result in the following penalties: requirement to attend Traffic Survival School (TSS), and driving privileges may be suspended up to 12 months. A DUI conviction results in an 8 point assessment.
As for an overall accumulation points, the following penalties apply:
- A three-month suspension for accumulation of 13 to 17 points in the twelve-month period.
- A three-month suspension for accumulation of 8 to 12 points in the twelve-month period and traffic survival school successfully completed in the twenty four-month period.
- A six-month suspension for accumulation of 18 to 23 points in the twelve-month period.
- A 12-month suspension for accumulation of 24 or more points in the thirty-six-month period.
Points suspensions are not subject to a restricted license, but a hearing may be requested to contest the suspension.
When Can I Get My License Back After a DUI in Arizona?
It is possible to get your license back after a DUI conviction. If this is your first time getting arrested for DUI, your license is at risk of suspension for 90 days. Your driving privileges will be suspended for two years if you are arrested for a second or third DUI within an 84-month period. If you refuse to take a breathalyzer test, your driver’s license may be suspended for 12 months.
After serving the administrative suspension, reinstating driving privileges requires completing a drug and alcohol screening through an approved agency and paying the reinstatement fee.
How Can I Get My License After a DUI in Arizona?
If suspended for a misdemeanor DUI, to reinstate your license, you must pay a reinstatement fee, application fee, and complete an alcohol/drug screening with a licensed counselor. In some circumstances, proof of a SR-22 certificate will be required.
If your license was revoked, here’s how to start the process:
- Complete the ADOT Revocation Investigation Form.
- Once the form is reviewed, you will be mailed a Permission to Reapply Notice.
- Possibly obtain proof of SR-22 insurance.
- Bring proof of insurance and paperwork to an MVD office.
- Complete an application
- Pay all necessary fees.
- Provide proof of CIID installation, if required.
Charged with DUI? Call Lerner and Rowe Law Group
If you’ve been convicted of a DUI in Arizona and want to learn more about how to get your license back, contact Lerner and Rowe Law Group’s DUI attorneys. Our criminal defense law firm offers affordable and also, reasonable payment plans on a per client, per case basis.