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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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Brian Douglas Sloan

DUI ATTORNEY


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?

19+

19+ Years SOLELY Focused on DUI Defense

4,200+

4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

AVVO.com

Preeminent
4.9 / 5.0

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brian sloan on the cover of attorney at law magazine

“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 Arizona DUI Defense representation, having personally defended over 4,200+ DUI clients in the past 19+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, 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 they think people want to hear them. Being "aggressive" isn’t the same as being good and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

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

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

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

I am one of Arizona's most award-winning DUI Defense Lawyers, recognized nationally, including in a 2022 issue of USA Today.

There are no other private DUI Defense Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a flat rate for my legal services without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being the preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and documented best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my cell phone: 480-720-7839.


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Brian Douglas Sloan

DUI Attorney

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2 N. Central Ave Suite 1929
Phoenix, AZ 85004
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