Getting arrested for DUI in the state of Arizona can be a complicated process. After submitting yourself to any of the field sobriety tests and the results of each yielded a BAC of 0.08% or higher, or declined to be tested, you need to prepare yourself for two independent legal proceedings – a criminal proceeding in court as well as a civil process with the Department of Motor Vehicles (DMV). Bear in mind that these two proceedings are independent and will not have a bearing on the other. You could win in one or both and vice versa.
With the criminal proceeding, your lawyer can enter a plea of guilty after undergoing trial by jury. This could result to mandatory jail sentence, fees and assessments, fines, supervised or unsupervised probation, and a criminal record. On the other hand, the civil proceeding is conducted in front of the administrative hearing officer at the MVD. It will involve the possible revocation of your driver’s license. If you are not from Arizona, the civil proceeding will involve your privilege to drive in the state.
The arresting officer will give you a suspension notice. If you have been pulled over for DUI and subjected yourself to a breath or chemical tests and if the results registered an alcohol concentration of more than 0.08% within a couple of hours driving or do not subject yourself to these tests, your license will be suspended for 90 days. On the other hand, if you refuse to subject yourself to these tests, your license or driving privilege will be suspended for 12 months. You should be given two copies of this notice.
The police officer who suspended your license will issue you a temporary one good for 15 days based on the premise that you requested for a hearing within that period and there has been no outcome yet. The yellow copy of the notice served to you will serve as your temporary license.
If you are not from Arizona, the police officer is not authorized to revoke your license instead they will suspend your driving privileges in the state. The notice will be valid for 15 days after service unless you requested for a hearing within that period. With the latter, your driving privileges in Arizona will not be suspended until a hearing has been done and a judgment has been issued.
If you did not subject yourself to the sobriety or chemical tests, you will be served a 12-month suspension of your driver’s license or right to drive in Arizona if you are not from the state. The effectivity of the suspension is 15 days from the service date unless a hearing has been requested. Unless a hearing has been requested and conducted with an outcome, no license or driving rights in Arizona will be suspended.
If you declined to be take the breathalyzer or chemical tests, it is possible that the police has a search warrant to get your blood sample anyway. If this is the case, your license or privilege to drive will remain suspended for a year even if a search warrant was used to get your blood.
Through all of these, you will need the help of an Arizona DUI lawyer. The whole process can be complicated and having an Arizona DUI lawyer can make things less complicated for you.