Posted on behalf of Phillips Law Group on Oct 09, 2009 in Local
Being arrested for a DUI in Arizona is a serious offense, and the penalties have stiffened in recent years in response to the public's demand for accountability on those drivers who drink and then get behind the wheel, even if no one is hurt. Therefore, if someone is arrested and/or convicted of DUI, the consequences can be severe and can also be filled with unforeseen costs and difficulties as a result of the sanctions levied against you. One of those sanctions could be the suspension of your driver's license, which is one of the reasons you should contact a skilled Phoenix DUI lawyer if you face this sort of situation.
There are two ways in which your license can be suspended: either because you registered above the legal limit for blood alcohol content (BAC), which is .08 percent, or by refusing to take a sobriety test or a breathalyzer if an officer who has stopped you asks you to do so. Generally, failing a sobriety test and/or registering above a .08 will result in a 90-day suspension for first-time offenders, while refusing to take a field sobriety test will result in an automatic one-year suspension in compliance with Arizona's Implied Consent Law.
The Implied Consent law in Arizona basically states that if you drive on Arizona's roads, you are consenting to partake in a field sobriety test if you are stopped and suspected of DUI. The obvious thinking behind the validity of this law is that only those who have been drinking would ever have any reason to refuse to take these tests.
Regardless, the loss of a driver's license is also a sanction that can result from two different levels of prosecution: from the Motor Vehicles Division (MVD) and through the courts. The first one you need to deal with is the MVD hearing, which you must request within 15 days of receiving your arrest. If you do not request a hearing within this time frame, you forfeit your right to have your suspension reconsidered. If you do request a hearing in a timely fashion, your suspension will be delayed until a decision is made after the MVD hearing.
Even if your suspension is upheld or another one is levied by the criminal court, you can still petition to drive in limited respects after a minimum of 30 days has passed. The reasons for these lessened restrictions are obvious, and most requests concern driving to and from the person's job. However, certain steps need to be taken to secure your right to drive even on a limited basis, and all of these issues tend to be aided by the help of an experienced Phoenix DUI defense lawyer. If you face a driver's license suspension, contact Montano Arentz & Associates, PLLCtoday to schedule an initial consultation.
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