Will My License Be Suspended After a DUI in Arizona?

Facing a DUI charge in Arizona can be an overwhelming experience. You’re likely concerned about the serious consequences, including the possibility of having your driver’s license suspended. Please continue reading as we explore what you need to know about these matters and how a determined Tempe Regular DUI Lawyer can help protect your driving privileges. 

Will Your License Be Suspended After a DUI in Arizona?

Generally, a DUI arrest commonly results in a license suspension in Arizona. The duration of this suspension depends on several factors, such as prior DUI convictions, your blood alcohol concentration (BAC) level, and whether you submitted to or refused chemical testing. Given that you can lose your license very quickly following a DUI arrest, it’s vital to secure legal counsel promptly for guidance. 

What is an Administrative License Suspension? 

The administrative suspension of a driver’s license in Arizona, typically referred to as an Administrative Per Se (APS) suspension, is a process separate from the criminal DUI case pursued by the state prosecutor. It’s essentially an independent civil action that focuses solely on your driving privilege, not your alleged guilt or penalties. Will My License Be Suspended After a DUI in Arizona? 

The APS process is an immediate administrative action initiated by the arresting officer and handled by the Arizona Motor Vehicle Division (MVD), not the criminal courts. It’s designed to remove potentially dangerous drivers from the road. An APS suspension is triggered when a driver: 

• Fails a Chemical Test: This means that your BAC is found to be 0.08% or higher (0.04% for commercial drivers, or any detectable amount for drivers under 21). 
• Refuses a Chemical Test: Under the state’s implied consent law, anyone who operates a motor vehicle is deemed to have consented to a chemical test if arrested for DUI. Refusing to submit to chemical testing after a lawful request will result in an automatic suspension. 

At the time of the DUI arrest, the officer will serve you with an “Adminper Se/Implied Consent Affidavit.” This document serves as both notice of the suspension and a temporary driving permit (usually valid for 15 days). The suspension will begin after this period unless you challenge the action by requesting a formal hearing. Having an attorney by your side can improve your chances of achieving a favorable outcome. 

As you can see, Arizona imposes strict DUI penalties, including the loss of your driving privileges. License suspension is a time-sensitive issue after a DUI arrest. You must act quickly to safeguard your interests. Contact The Weingart Firm, PLLC, today for a free initial consultation. Our legal team is prepared to help protect your driving privileges.