Can a DUI Defense Attorney Prevent a DUI License Suspension?

dui license suspension

Can a DUI Defense Attorney Prevent a DUI License Suspension?

dui license suspensionThe most important asset any Arizona worker has is their driver’s license. It’s necessary not only to commute to work, it’s needed to perform some jobs like Uber driving or delivering goods across state. When an individual is adjudicated guilty for driving under the influence of alcohol or drugs, the first part of one’s punishment involves loss of driving privileges.

Is it possible for an experience drunk driver defense attorney to spare such inconveniences and help DUI defendants save their driving privileges? Let’s examine what Arizona legislation says to determine the possibility of immediate license restoration.

Drunk driving laws are heavily enforced in Arizona

Arizona prohibits anyone from physically controlling any motorized vehicle while under the influence of drugs or alcohol. With an imposed limit of .08 for regular vehicles and .04 for commercially operated trucks and cars, the equivalent of two beers per three hours will meet (or can exceed) that threshold. From there, one can be charged with Extreme or Super Extreme DUIs

In fact, Arizona laws dictate one can be charged with DUI even if they’re in position to confine or control a vehicle’s movements. Implied consent laws mean that one must submit to either breath or blood testing to determine level of alcohol saturation in blood or breath.

Penalties for DUI are stiff (Seriously, they’re rough.)

From the first DUI one receives, penalties are pretty harsh. For starters, license suspension for first-timers is 30 days, followed by an additional restricted license period with the potential requirement an IID (ignition interlock device) be equipped on your vehicle. These devices force drivers to take a breathalyzer test prior to the vehicle’s ignition being allowed to engage. A 6-month jail sentence is possible, too, depending on circumstances.

Second DUI means an automatic 1-year revocation with a 6-month minimum IID requirement. Jail sentences now increase to one (1) year. The third DUI means guilty persons may receive up to 2 years in prison and license suspension for 10 years, with 6 months minimum of IID time possible.

Hardship licenses are possible if they’re required for work, although the more DUI’s one gets, the harder petitioning the courts will be. Hardship licenses have costs, and the restrictions imposed depends on the nature of work (i.e. cab driver, OTR truck driver, office worker).

Defenses to DUI in Arizona

There are numerous defenses which may save your license.

  • Defendant was arrested for DUI while not operating a vehicle. (This is possible if the driver fled, which may bring about different charges. Since DUI is a “sight” arrest, it’s possible to raise a “fled the scene” defense.)
  • Defendant was on legal prescription medication when pulled over.
  • Defendant was unaware of the laws.

Some defense attorneys will even fight the testing procedures used, how the investigation took place and how the defendant was treated upon arrival at county jail.

An attorney is your best option here (Yes, it’s true.)

Trying to maintain driving privileges when you’ve been found guilty of DUI is difficult without an attorney pleading your case. Judges are hesitant giving restricted licenses to repeat offenders, and rightfully so; DUI’s killed 205 and injured 3,480 in 2017 alone, according to Arizona Highway Patrol.

The drunk driver defense attorney you retain must be knowledgeable of Arizona code, must work diligently to restore or maintain some form of licensure, and can often times fight procedural indifferences to get charges lessened or dismissed altogether.

Know your limits, and state laws, prior to operating that 3,000 pound bullet. Should an unfortunate arrest thwart your driver’s license, don’t fight the charge alone – an attorney is worthy both of your investment, and the effort, in keeping you driving.

Click here to find out what happens when you are stopped for suspicion of DUI in Arizona.


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