Drivers License Consequences after a DUI stop
As an experienced criminal defense attorney practicing in Tucson, Arizona, I often encounter questions from clients and community members about what happens to driving privileges after being stopped for a suspected DUI (Driving Under the Influence) charge. One critical aspect of Arizona law that every driver should understand is the state's Administrative License Suspension statute, specifically under ARS 28-1385. This law has significant implications for anyone arrested for DUI and involves immediate administrative actions that are separate from criminal court proceedings.
What is Administrative License Suspension?
In Arizona, if you are arrested for a DUI or for vehicular homicide or assault involving a motor vehicle, you face not only potential criminal charges but also immediate administrative consequences regarding your driving privileges. This is due to the Administrative License Suspension law, which allows the state to suspend your driving license independently of your criminal case.
Key Points of ARS 28-1385:
Order of Suspension: The officer will issue an order of suspension that comes into effect 30 days after being served. This order demands the surrender of your driving license and informs you about your right to a hearing or summary review.
Temporary Driving Permit: If your license is surrendered, you may receive a temporary driving permit valid for 30 days.
Suspension Periods: The DOT typically suspends your driving privileges for at least 90 days. However, for those meeting specific conditions, like no prior DUI convictions within 84 months, the suspension may be 30 days, followed by a 60-day restricted driving period, or a restricted license as outlined in #4.
Ignition Interlock Device (IID) Option: You can request an IID-restricted license instead of facing suspension, provided you meet certain criteria.
Hearing and Summary Review: You have the right to request a hearing or a summary review of the suspension, which can temporarily stay the suspension until a decision is made, or until your attorney has more information about the facts of the case through public records requests or criminal case disclosure.
What Does This Mean for You?
If you're stopped on suspicion of DUI in Arizona:
Understand the Immediate Consequences: The administrative actions after your arrest and are separate from the criminal process.
Know Your Rights: You have the right to request a hearing or summary review to contest the administrative suspension.
Consider Your Options: Depending on your situation, you might be eligible for an IID-restricted license instead of a full suspension.
Navigating the aftermath of a DUI arrest in Arizona can be complex, especially with the immediate administrative actions that come into play. Understanding ARS 28-1385 is crucial for anyone facing these circumstances. As always, it’s advisable to consult with a knowledgeable DUI defense attorney to guide you through the process and help protect your rights.
If you have any questions or need assistance with a DUI-related matter, feel free to contact us at AJB Law Firm, LLC. We’re here to provide the legal support you need.
