What Happens To Your License When You Are Suspected Of DWI?

Interviewer: At the same time they are charged with DUI criminally, is the driver’s license suspended by a non-criminal, administrative law proceeding?

Brian: Yes, under Arizona law, if you are suspected of driving under the influence, your license is going to be suspended for 90 days at least. What happens on occasion, and it just recently happened with one of my clients, the person did not expressly consent to doing the chemical test.

The chemical test in Arizona is the blood, breath or urine test, at the officer’s request. When someone does not expressly consent, officers consider that a refusal to do the test which is required under Arizona law. Their license is then automatically suspended for 12 months.

Now, my client ended up testing a very low blood alcohol level, and the case was never brought against her. The prosecutor decided there was not enough evidence for the case to go forward.

Still, my client had to deal with this 12-month suspension. That is something we are actually fighting in an appeal to the Superior Court, after doing the Motor Vehicle Division hearing.

Yes, your license gets suspended simply because you are suspected of driving under the influence. The one upside is: If someone is convicted of driving under the influence, the same 90-day suspension you get for being suspected of driving under the influence is the same 90-days suspension you would get if convicted of driving under the influence. This applies only if it is your first ever DUI.

Interviewer: Do people understand they are being charged with two different criminal offenses and this administrative offense attacking their license?

Brian: Well, the admin per se implied consent law is basically a way to get evidence against the person suspected of driving under the influence. It is not criminal punishment. It is not really considered a penalty.

It is a way to suspend a person’s license under suspicion of DUI. However, it is not considered punishment. It is not a crime. The admin per se implied consent is simply Arizona’s way of getting evidence to be used against you for a DUI offense. When someone is charged with a DUI, they tend to be charged with two counts.

However, there are additional ways they can be charged. On the misdemeanor side, they can be charged with: being impaired to the slightest degree; being above a 0.08; being above a 0.15 alcohol content, which is called an extreme DUI; as well as being above a 0.20 blood alcohol content, which is called a super extreme DUI. These are all misdemeanors.

These are all Class I misdemeanors, but Arizona is considered to have one of the harshest DUI penalties in the nation. On your first offense ever- if you have no prior felony convictions, no prior misdemeanor convictions, no prior DUI convictions- you have to serve at least one day in jail if you are convicted of DUI. In addition, it can go as high as six months in jail.

By: Brian Douglas Sloan

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career focused on DUI Defense representation, having defended more than 4,100+ DUI clients in the past 18+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, then I can comfortably say: “I’m not the one for you”.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are “aggressive”, or “will fight for you”, are a dime a dozen. They use these phrases because that is what they think people want to hear. The truth of the matter is, being “aggressive” rarely gets the client anywhere in these court systems. Being “aggressive” isn’t the same as being good.

The same is true for the lawyers that claim to do DUI Defense… and Criminal Cases…, and Accident cases…, and Divorces. A Jack-of-all-Trades is a master of none. By handling all different sorts of cases, they take away from their ability to truly focus on DUIs, and keep up to date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI defense, at an exceptional price.

I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I produce DUI Legal Guides used by defense lawyers across Arizona.


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