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Certain MVD or motor vehicle division consequences can be triggered if someone is arrested for a DUI in Arizona. Many people do not realize that they signed a contract when they first got their driver’s licenses. In that contract they agreed to certain penalties in the event they were ever arrested for a DUI.
What Is The Implied Consent Law And Does It Apply To Refusing The Chemical Tests?
Another kind of MVD consequence is the implied consent law, which is separate from the Admin Per Se, and it applies to someone who refuses the blood or breath tests during a DUI investigation. Someone who refuses to take those tests when asked by a police officer after an arrest will be served the same affidavit, but the difference is that the police officer can say that person violated the implied consent rule under the MVD statutes.
Does A DUI In Arizona Entail Criminal And Civil Charges?
In Arizona, a DUI has completely separate consequences with the MVD than it does in the criminal courts. The MVD will go forward with the penalties it deems appropriate regardless of what happens in court.
Can Someone Request A Hearing With The Motor Vehicle Division (MVD)?
Yes. Requesting a hearing with the MVD delays the beginning of license suspension and gives someone an opportunity to fight the suspension through the MVD hearing office.
Does A Person Violate Implied Consent If They Refuse A Chemical Test Like A Blood, Breath, Or Urine Test?
Can Someone Request The MVD To Challenge The Implied Consent Suspension?
Implied consent means the person has consented at the time they received their driver’s license. An officer will send an affidavit to the MVD if the person violates it. The person has 15 days to request a hearing. The suspension starts by default if they do not request their hearing within 15 days.
The license suspension is for one year under implied consent; the person cannot drive their vehicle for a full year. This can be a very damaging situation. Without the ability to drive, a person can lose his or her job. In this case, the 15 days are very important. A person should always request an MVD hearing if it has been alleged that they violated implied consent. Their attorney will be able to fight for them at the hearing and try to beat the implied consent ruling so it can be voided and the person will not lose their driver’s license.
Are There Consequences For Refusing The Preliminary Breath Tests?
No, in Arizona a person has the ability to refuse those tests. Many police agencies use preliminary breath tests, also known as PBTs, which are usually performed roadside. Refusing a portable breath test does not violate the implied consent rules of the Arizona MVD. The implied consent suspension only comes from refusing a blood test or a breath test that is performed by the Intoxilyzer 8000.
What Is Admin Per Se Suspension?
The Admin Per Se suspension comes into effect when a person agrees to take a blood or breath test during a DUI investigation. Under the Admin Per Se law, the police officer has a right under the law to suspend the person’s driver’s license for 90 days if he has a reasonable belief that the person was driving their vehicle under the influence of alcohol and if they had a blood alcohol level over.08. The officer signs an affidavit and sends it to the MVD. From there, a person has 15 days to request a hearing.
The person’s license will be suspended by default if they do not request a hearing within 15 days, in which case their license will be suspended for 90 days. It is important to request that hearing within 15 days.
Can The Admin Per Se Suspension Be Shortened Through Alcohol Screening?
The 90-day suspension can be shortened if the person undergoes alcohol screening. If they do their screening before the 90 days are up, they will have the opportunity to get a home, work, and school permit. This permit allows them to drive to their home, work and school during the 90-day suspension. The person will not be eligible for that permit, however, until they first serve 30 days of the suspension. In other words, they will not be able to drive during the first 30 days of the suspension.
What Happens To A Person’s Driver’s License When They Are Arrested For DUI?
Two things are triggered when someone gets arrested for a DUI. The first is the Admin Per Se law, which can trigger the Admin Per Se suspension. The second is the implied consent law, which has a separate suspension because these are two separate laws.
How Can Someone Qualify For A Restricted Driving Permit?
A person is eligible to get a permit that allows them to drive to and from home, work and school after the first 30 days if they have undergone alcohol screening. For a first-time DUI in Arizona, a person must agree to undergo all of the blood or breath tests that fall under the Administrative Per Se suspension (the 90-day suspension).
They will have to do their alcohol screening through a certified provider from the state of Arizona who will send proof of completion to the Arizona MVD. The person can go directly to the MVD after the first 30 days. On day 31, they can apply to get their home, work, and school restrictive driver’s license. If they are approved, they will be allowed to drive for the remaining 60 days of the 90-day suspension just to home, work and school.
Can Someone Lose Their Driving Privileges If Convicted Of An Aggravated DUI?
In Arizona, after 2012, the license revocation period was reduced to one year from three years for an Aggravated DUI. It’s important to understand that a revocation means your license is completely taken away. To get a license back after a revocation, a person must go to the MVD and submit a revocation packet which, if approved, could allow them to get their license back.
Can Someone Apply For A Restricted Or Hardship License To Restore Some Driving Privileges?
That would be possible for a person’s first offense if it were a refusal case. Someone who lost their license for a year can to apply to the MVD for a special ignition interlock restricted driver’s license (SIIRDL). They will still have to be suspended for a certain period of time before they are allowed to apply for an SIIRDL, but then they can be allowed to start driving to and from home, work and school. Some of the requirements to get a SIIRDL include having to install an interlock device on their vehicle. They will also have to get high-risk insurance (SR22). And, they will have to complete substance abuse screening. The MVD may give a SIIRDL to someone who did all of those things and served the initial portion of the suspension, which would mean they could drive during their suspension.
Would Someone Get Credit For Installing An Ignition Interlock Device Before A Conviction?
No, if someone is convicted for a DUI, they will not get credit for the time they had the interlock device installed during the suspension period. They will still have to do the entire amount of time as a result of the DUI.
For more information on Restricted Driver’s Permit, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (480) 378-0807 today.