A DUI (Driving Under the Influence) charge in Arizona carries severe penalties, particularly concerning your driver’s license. The length of your license suspension after a DUI varies according to your Blood Alcohol Concentration (BAC), number of prior offenses, and whether you refused to take a chemical test.
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Losing your license after a DUI in Arizona can disrupt your daily routine, but the consequences extend beyond the initial suspension. Knowing what to expect, from the steps to reinstate your license to the long-term impact on your record, can help you move forward.
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Understanding DUI Penalties in Arizona
Arizona has some of the strictest DUI laws in the nation, reflecting the state’s commitment to preventing drunk driving. Drivers with a BAC of 0.08% or higher can be charged with DUI. Commercial vehicle drivers have a lower limit of 0.04%. Even if a driver falls below 0.08%, under the state’s zero-tolerance law, drivers can be charged with DUI if signs and/or symptoms of impairment are present.
License Suspension Periods by Offense
The duration of your license suspension increases with each subsequent DUI offense:
First DUI Offense
- License suspension: 90 days
- First 30 days: “Hard suspension” (no driving privileges whatsoever)
- Next 60 days: Potential eligibility for restricted license
- Additional penalties:
- Jail time of 24 hours to 10 days
- Fines and penalties totaling at least $1,500
- Mandatory installation of an ignition interlock device (IID)
Second DUI Offense
- License revocation: 1 year
- First 45 days: “Hard suspension” (no driving privileges whatsoever)
- Remaining days: Potential eligibility for restricted license
- Additional penalties:
- Jail time of at least 30 days
- Higher fines
- Extended IID requirements.
Aggravated DUI (Third Offense or Certain Circumstances)
- License revocation: 1 year (no eligibility for a restricted license)
- Additional penalties:
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- Jail time of at least 4 months
- Felony charges
- Extensive financial penalties
Aggravated DUI (Minor under 15 Years of Age)
- License revocation: 1 year
- First 90 days: “Hard suspension” (no driving privileges whatsoever)
- Remaining days: Potential eligibility for restricted license
- Additional penalties:
- Jail time of 24 hours to 10 days
- Felony charges
- Extensive financial penalties
Chemical Test Refusal
Under Arizona’s implied consent law, refusing a chemical test results in:
- First refusal: Automatic 12-month suspension
- Second refusal within 84 months: Automatic 2-year suspension
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The Court vs. the MVD: Understanding Dual Processes
It’s essential to understand that two separate entities handle different aspects of your DUI case:
Court Suspensions
The court imposes jail time, fines, and license suspension based on:
- Your BAC
- Prior offenses
- Aggravating factors (such as having a child in the vehicle)
MVD Suspensions
The Arizona Department of Transportation Motor Vehicle Division (MVD) can suspend your license independent of a court conviction, particularly if you refuse a chemical test under Arizona’s implied consent law.
Important: You can face separate suspensions from the court and the MVD, potentially leading to compounded penalties and extended suspension periods.
Restricted License Eligibility and Requirements
A restricted license grants limited driving privileges (e.g., work, school, medical appointments) after a DUI-related suspension. These licenses may be available after the hard suspension period.
To apply for a restricted license, you must:
- Install an ignition interlock device (IID) in your vehicle
- Complete any court-ordered alcohol education or treatment programs
- Pay all required fees
- Provide proof of compliance to the MVD
Professional Consequences of a DUI
A DUI can be particularly concerning if you hold a professional license, as specific industries enforce stricter rules and often have mandatory reporting requirements.
Professionals who may face disciplinary actions include:
- Educators (Arizona Department of Education)
- Healthcare workers (Arizona Medical Board for doctors)
- Commercial drivers (risk of CDL suspension or revocation)
- Attorneys (Arizona State Bar)
Disclosing your DUI as required by your professional licensing board while seeking legal guidance is essential to protect your professional standing.
Strategies to Protect Your License
Avoiding or Minimizing License Suspension
While difficult, it may be possible to mitigate the impact of a DUI charge on your driving privileges. An experienced Peoria DUI attorney can help by:
- Challenging the validity of field sobriety or chemical test results
- Negotiating lesser penalties during a plea deal
- Representing you in an MVD hearing to contest your suspension
Reinstating Your License After Suspension
Requirements for Reinstatement
To reinstate a suspended driver’s license, you must:
- Complete all court and MVD requirements
- Pay reinstatement fees
- Install an IID (if required)
- Submit an SR-22 form for high-risk insurance (if applicable)
Early Reinstatement Possibilities
In some cases, Arizona allows early license reinstatement under strict conditions, which often require:
- Completion of court-ordered programs
- Installation of an IID
- Filing an SR-22 form, which is a certificate of financial responsibility for high-risk drivers (must be maintained for 3 years)
Impact on Car Insurance
A DUI conviction significantly increases car insurance rates. Insurance providers classify you as a high-risk driver, often tripling your premium. Additionally, you may be required to file an SR-22 form with the state MVD for at least 3 years, further increasing costs.
Legal Assistance for DUI Charges
Dealing with a DUI charge is a serious matter, especially in Arizona, but you don’t have to face it alone. The Law Offices of John Phebus can help you. Our experienced DUI attorneys will guide you through:
- Challenging field sobriety or chemical test evidence
- Preparing for MVD hearings to keep or reinstate your license
- Reducing penalties to protect your driving and professional future
Visit our office at 17505 N. 79th Ave #314 or contact us at (623) 847-7117 to schedule a free consultation.
Frequently Asked Questions
Comprehensive Overview of Arizona DUI Penalties
Arizona’s strict DUI penalties are designed to deter impaired driving and enhance road safety. Here’s what you can expect for a first DUI offense:
- Incarceration: Offenders face a minimum of 10 consecutive days in jail.
- Fines: A minimum fine of $1,250, which includes various assessments.
- Alcohol Education and Treatment: Mandatory participation in alcohol education and treatment programs is required.
- Ignition Interlock Device (IID): Installation of a certified IID on any vehicle operated by the offender is mandatory.
- Community Service: The court may order community restitution.
- Driver’s License Suspension: Driving privileges are revoked for one year.
- Vehicle Impoundment: Law enforcement may impound the vehicle.
The severity of these penalties may increase based on the specifics of the offense, such as higher blood alcohol concentration levels or previous offenses. To potentially mitigate these consequences, legal actions like contesting the charges in court or seeking a plea bargain are advised.
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If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.
John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
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