Motor Vehicle Issues

In Arizona, a DUI arrest generally results in two legal proceedings. The first proceeding is the criminal charge or charges of driving under the influence of alcohol or drugs. The second proceeding is civil, not criminal, and it involves the possible suspension of your driver's license. It is important to understand that these two proceedings are not inter-dependent. The outcome of one will not necessarily affect the other.

There are two types of MVD hearings involving DUI cases. The first type of hearing is an ADMIN PER SE hearing. This type of hearing refers to any blood, breath, or urine tests which resulted in a reading of .08 or greater. The scope of this hearing is to determine if you were driving; if you had were arrested for DUI; if the officer offered a blood, breath, or urine test; if you successfully completed that test, and if the result was a .08 or greater. The second type of hearing is an IMPLIED CONSENT hearing. This type of hearing is to determine whether you refused or did not successfully complete a blood, breath, or urine test as requested by an officer. The scope of this hearing is to determine if you were driving; if you were arrested for DUI; if an officer properly conveyed a request for blood, breath, or urine test; if you conveyed to the officer that you would not take the test(s); and/or if the failure to successfully complete the test(s) was due to your fault or choice.

Even if you ″win″ your MVD driver′s license suspension, either ADMIN PER SE or IMPLIED CONSENT, the MVD will suspend you if you plead guilty or found guilty after trial of any type of DUI. If your DUI conviction is your first, the MVD can suspend you for a flat 90 day suspension and require you to have SR22 insurance. If your DUI conviction is the second within the last 5 years, or a first DUI conviction with a reckless driving conviction within the last 5 years, the MVD will suspend you for one year flat and require SR22 insurance. If your case involves a felony DUI and you are convicted, your license will be revoked for 3 years.

Under Arizona law, SR22 Financial Responsibility is insurance you are required to carry, in addition to your regular insurance, for a period of 3 years. This added insurance could have significant financial costs.

It is important to remember that all of these suspensions apply to your privilege to drive in Arizona. If you had a valid out of state license on the date of arrest, your privilege to drive in Arizona will still be suspended. An Arizona conviction or suspension can affect the status of your license in any State where you are licensed.

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