Interviewer: What happens if I was from another state and got caught in Arizona with a drug DUI. What is going to happen from there?
Michael Munoz: What’s going to happen is you come here out of state, Arizona, if you are convicted of that DUI in Arizona, then Arizona is going to essentially treat you like you are an Arizona resident. If it is a drug DUI, you are going to lose your license for a year. If you get convicted of alcohol DUI, then you are going to have to go through the interlock device process and all the things that Arizona does for alcohol DUIs. They are going to create an Arizona record for you. There is a system with all the motor vehicle divisions or DMVs around the nation, it’s called the Interstate compact and what it really is, it’s an agreement between all the MVDs and they agree that if one MVD department in one state does one thing, then they all agree to accept that.
If A Person Doesn’t Have Arizona’s Driver’s License, They are Still Liable to Judgments Issued by the MVD in Arizona
So, the problem for the out of state person is that you may not have an Arizona license, but if Arizona puts a hold on your license or requirements for you to do something and your home state finds out about it, your home state is likely going to suspend your license or make you comply with Arizona. In addition, some home states, once they find out, might make you comply with the out of state terms and then they may penalize you at your home and they may make you go through their own home state terms as well. So out of state people need to be really diligent about what’s happening with their driver’s license when it comes to DUI convictions because there are a lot of moving parts to it and they really need a qualified lawyer to walk them through that.
People Get Charged With Drug Related DUI All Year Round in Arizona
Interviewer: Are there any specific times of year that people get pulled over for drug DUIs the most or is it something that’s just random?
Michael Munoz: No, I think for all DUIs in general, they are more common during the holiday season because there is more festivities and parties that people are going to but when it comes to drug DUIs. For drug DUIs themselves, I don’t think there is any one time more than the other that is more common.
The Motor Vehicles Department Hearing for Driver’s License Suspension in Arizona
Interviewer: What’s the DMV hearing about? Is it going to be any more difficult with a drug related DUI charge?
Michael Munoz: Not necessarily. In Arizona, once you get a driver’s license, you essentially sign a contract. What you’re doing is you’re agreeing to certain future consequences if you’re ever sided with DUI and so when people get arrested for DUI before the criminal case even really gets going, the MVD starts working on their own consequences and one of them is the admin per se suspension and the other one is the implied consent suspension.
If a Person Consents to Take a Blood or a Breath Test then they Get a 90 Day Suspension
If a person agreed to take the blood or breath test, then you’re looking at a 90 day suspension. That 90 days can be shortened to 30 days if someone gets an alcohol, or substance abuse training ahead of time. After that 30 days is up of no driving, then it’s possible to get a homework school restrictive license for the last 60 days. The implied consent suspension is a suspension they serve on you. If you refuse to take a blood or breath test, when the police are doing the DUI investigation. If that happens then they serve it on you and once that suspension kicks in, then your license is suspended for an entire year.