It is illegal for anybody who is under the influence of alcohol or drugs to drive or actually physically control a vehicle. You are not supposed to operate a car if your blood alcohol concentration is .08% or greater, or if you are under the influence of alcohol or drugs if you’re impaired to the slightest degree. If you’re under 21 in Arizona, it’s illegal to drive with any detectable percentage of alcohol in your body. One of the penalties that may be imposed for a DUI is a license suspension. A license suspension after a DUI conviction in Tempe may be a criminal, civil or collateral penalty of a DUI. A seasoned Phoenix DUI attorney can help you fight drunk driving charges.
If you were stopped for driving under the influence of alcohol and a chemical test reveals your blood alcohol concentration was at least .08%, you lose your driving privilege immediately. You will also need to go through alcohol or drug screening in order to get a restricted permit or have your driving privilege reinstated. You can be convicted of a DUI if (1) your blood alcohol concentration was .08% or (2) if your blood alcohol concentration was under .08% and you were impaired. And if you’re under the age of 21, any alcohol concentration can result in a suspended license.
For a first DUI conviction, you can be sentenced to a number of penalties including incarceration for a minimum of 10 days and a fine of at least $1250. There is a 90-day minimum license suspension after a DUI for a first offense.
The criminal penalties for a second, third or subsequent offense include that you will be incarcerated for at least 90 days and fined at least $3000. For a second offense you will lose your driving privileges for a minimum of a year. However, you might be eligible for a restricted license after 45 days if you install an ignition interlock device at your own expense. For a third offense, you’ll lose your driving privileges for a minimum of one year.
Arizona has an implied consent law. This requires all drivers that are lawfully arrested for driving under the influence to submit to a breath or blood test. It is possible to get an implied consent suspension if you’re suspected of driving under the influence, even though you haven’t been found guilty.
Your driving privilege can be lost for 12 months if you’re pulled over and you refuse to submit to a test. If you refuse to submit to a test twice in 8 months, you can lose your driving privilege for 24 months. Once your privilege is lost, you’ll need to go through alcohol or drug screening in order to get a restricted permit or reinstate your driving privilege.
Prior DUI convictions as well as refusals and failed blood alcohol content tests in which your blood alcohol concentration was .08% or higher within a 7-year period will be considered a prior for deciding what is a subsequent refusal.
The implied consent suspension usually starts 15 days after you were arrested. However, you can ask for a hearing within 15 days of receiving your ticket to challenge this suspension on various grounds. You’re entitled to a hearing, but it’s wise to retain a lawyer for the hearing so you don’t do further harm to your case.
Whether you were charged with a DUI in Phoenix or you’re facing an implied consent suspension, you should take the situation seriously. There may be a way to challenge an implied consent suspension or defend against a DUI charge, but it is crucial to retain an experienced lawyer to fight on your behalf. James E. Novak is a former prosecutor who provides a tough, aggressive defense to those charged with DUIs throughout the Phoenix area, including Chandler, Gilbert, Scottsdale, Mesa, and throughout Maricopa County. Contact James Novak at (480) 413-1499 or via our online form.