Do You Get Your License Suspended After a DUI Charge?

Being charged with driving under the influence of drugs or alcohol (DUI) in Arizona will result in several penalties, including an automatic suspension of your driver’s license. The length of the suspension will depend on the circumstances of your case. Sometimes, you may be able to regain some restricted driving privileges. If you’ve been charged with a DUI, contact an experienced Arizona DUI defense attorney right away for guidance.

License Getting Suspended After a DUI Charge In Arizona

Will I Lose My Driver’s License If I Am Charged With A DUI In Arizona?

If you are charged with a DUI under any of these circumstances, your driver’s license will be suspended:

  • Blood alcohol levels (BAC) of 0.08 or higher
  • BAC results are 0.04 or more and you were driving a commercial vehicle
  • BAC test results are unavailable
  • Any illegal drug found in your body

If you are pulled over and charged with a DUI in Arizona, the police officer will take your license and give you an admin per se form, which will serve as a temporary driver’s license over the next 15 days. This initial suspension is from the Motor Vehicle Department (MVD), not the court. This means that the suspension will happen even if you are not criminally charged or convicted. If you are convicted of a DUI, you may face a longer suspension of your driver’s license from the court. Contact an Arizona DUI defense attorney as soon as possible.

During the 15-day grace period from the admin per se law, you will need to request a hearing with the MVD. If you do not request a hearing, a longer suspension will automatically go into effect.

How Long Will My License Be Suspended After A DUI In Arizona?

Generally in Arizona, a driver’s license will be suspended after a DUI for 90 days. If you refuse a breathalyzer test, your license will be suspended for 12 months. Subsequent offenses will be longer. If a driver has refused to take a blood or BAC test within the previous 84 months, their license will be suspended for 24 months.

If a breathalyzer test shows a BAC of at least 0.08 percent, a 90-day driver’s license suspension will automatically take effect. Drivers who have been convicted of second or third DUI violations will have their driver’s license revoked, which is more severe than a suspension and permanently terminates their driving privileges.

How Do I Restore My Driver’s License After A DUI?

Contact your Chandler DUI defense attorney for guidance and request a hearing with the MVD, which can be done through mail, email, or fax. Your license suspension will stop until your hearing.

MVD hearings are civil and less formal than criminal courts. An administrative law judge will determine the outcome. In criminal court, the standard for a ruling is “beyond a reasonable doubt.” Still, at an MVD hearing, the standard is “preponderance of the evidence,” which essentially means “more likely than not.”

Your Mesa DUI defense attorney will be present at the hearing to provide guidance and representation. The officer who arrested you will also be present to provide their testimony about the arrest, any testing that was administered or declined, and the results. Your attorney can cross-examine the officer. Sometimes, conflicting testimony can be obtained that can be used in your defense at the criminal hearing.

What Happens After The MVD Hearing?

The administrative law judge will make a judgment at the hearing and then the case will proceed to criminal court. If the judge upholds the license suspension, it will typically start within 30 days.

In some cases, under specific requirements, you may be able to regain some driving privileges after the first 30 days. These requirements typically include alcohol screening, the purchase of SR22 insurance, and/or the installation of an ignition interlock device. With a restricted license, you can drive to and from work, school, church, and the doctor. Talk with your Scottsdale DUI defense attorney to find out if you may be eligible for restricted driving privileges during your suspension.

Consult With An Experienced DUI Attorney

If you’ve been arrested on DUI charges, contact the experienced attorney at Dove Law Firm immediately. We are ready to investigate your case, provide legal advice, and represent you throughout the entire court process while protecting your rights and helping you choose the best course of action. Contact our office today to get the representation you need!

This blog is purely for marketing purposes and should not be construed as legal advice.

Dove Law Firm, PLLC

Arizona Injury Lawyer
2650 E Southern Ave Suite 201
Mesa, AZ 85204

Office: 480-213-4489

Arizona Criminal Defense Lawyer
2650 E Southern Ave #125
Mesa, AZ 85204

Office: 877-368-3529

Arizona DUI Lawyer
2650 E Southern Ave #311
Mesa, AZ 85204

Office: 602-755-6512

By Published On: November 20th, 2022Categories: Expungement Attorneys

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