I got arrested for a Arizona DUI charge. What is going to happen next?
First Issue: The Implied Consent Civil Proceeding: The most pressing matter may be requesting an appeal / hearing of your implied consent suspension. Your Arizona driver license (or your right to drive a vehicle in Arizona if you're not a Arizona license driver) was most likely suspended for anywhere from 90 days to two years for failing (.08 BAC or higher (lower for minors or if driving a commercial vehicle)) or refusing a breath test. Read your paperwork carefully. You have only a short time (generally 15 days) to request a hearing to challenge your suspension.
ISSUE TWO: The Criminal Case: Isolated from the implied consent suspension is the criminal charge. You were in all probability stopped / cited for one form of driving under the influence (DUI). In Arizona it is illegal to operate a vehicle while under the influence of alcohol, drugs or a combination of alcohol and drugs just like in any other state of the US. The crime of DUI is committed if a person operates a motor vehicle with a BAC of 0.08 percent or above and also has been in physical possession of a vehicle within two hours.
If your BAC was 0.15 percent or higher than that, you were most likely caught for what's called Extreme DUI. If you had a kid in the vehicle under fifteen years of age or if you had certain case of prior DUI convictions, you may be looking at a felony offense which is called Aggravated DUI.
Each one of such charges is super serious and will result in potential fine, jail, prison, and driver license suspension or revocation. Make sure you do not overlook any court appearing otherwise a warrant will for certain be issued for your arrest.
Important Facts: The implied consent court proceedings and the criminal case appearances are completely separate from each other.
Will my driver privileges be suspended or revoked?
Your Arizona driver's license or your privilege to drive a motor vehicle in Arizona may be suspended for failing BAC .08% or higher or even lower for persons under twenty one years old a breath or blood test results or for refusing a breath alcohol test, or blood alcohol screening out. If you act quickly (typically within 15 days of your arrest), you can ask for an appeal of the projected implied consent suspension by the MVD for failure or refusal of DUI chemical screening test. A court hearing will be set to hear your request for an appeal.
DUI or DWI conviction or a DUI conviction for drunk driving with a Child Passenger charge, you will technically lose your driver license and driving privileges or your privileges to operate a motor vehicle in Arizona. These suspensions last anywhere from one hundred and eighty days to two years. Talk to your Arizona DUI lawyer for viable suspension lengths in your specific situation.
Bear in mind that your driver's license can be suspended other reasons as well of those including your failure to pay child support.
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