DUI-DWI/Extreme DUI

If you are arrested for Driving Under the Influence of Alcohol (DUI) in the State of Arizona, and have submitted to a breath, blood, or urine test, and the results of the test reveal a blood/breath alcohol result of .08% or higher, or you have refused these tests, you can expect to be involved in two separate legal proceedings.

• A criminal proceeding in court

• A civil proceeding with the Department of Motor Vehicles (MVD) and the possible suspension of your    driver's license.

These two hearings are independent from one another. It will not matter if you win your criminal case. The motor vehicle department can still proceed to suspend your license. Additionally, it will not matter if you win your hearing before the motor vehicle department. The State of Arizona can still prosecute you criminally for driving under the influence.

THE CRIMINAL PROCEEDING

Your DUI arrest begins your criminal proceeding. A conviction for DUI could result in mandatory jail time, fines, fees and assessments, supervised or unsupervised probation, as well as a criminal record.

THE CIVIL PROCEEDING

The civil proceeding is conducted before an administrative hearing officer at the MVD. This proceeding deals with a possible suspension of your driver's license, or if from out of state, your privilege to drive in Arizona.

The arresting police officer will serve you with a "Notice of Suspension." If you have been arrested in Arizona for DUI and you take a breath, blood or urine test, and the results measured an alcohol concentration of .08% or more within 2 hours of driving, or you refuse to take the blood, breath or other chemical test, the arresting police officer will serve you with a 90 day driver’s license suspension notice, or in the case of refusal, a 12 month driver’s license or driving privilege suspension. The police officer should give you two copies of this form.

ARIZONA RESIDENTS

If your test results indicate a result of .08% or higher, the police officer will seize your Arizona driver’s license, and issue you a temporary license which is valid for 15 days, or, if you request a hearing within the 15 day window, until the hearing is conducted and the outcome determined. Since the police officer confiscated your driver’s license, the yellow copy of the suspension notice is your temporary driver’s license.

NON-ARIZONA RESIDENTS

If you are from out of state, the police officer cannot seize your driver’s license. The police officer will serve you with a notice of suspension of your privilege to drive in Arizona. The suspension will take effect 15 days after service unless you request a hearing within the 15 days. If a hearing is requested, your privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined.

REFUSAL

If you refused to take the breath, blood or urine test, the police officer will serve you with a notice of a 12-month suspension of your driver’s license, or privilege to drive if you are from out of state. This suspension becomes effective 15 days from the date of service unless you request a hearing. If a hearing is requested your driver’s license or privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined. If you refused to take a breath, blood or urine test, it is likely that the police officer will obtain a search warrant and obtain your blood anyway. If this is the case, your driver’s license or privilege to drive in Arizona will still be suspended for 12 months even though the police obtained your blood through the use of a search warrant.

THE CONSEQUENCES OF AN ARREST AND CONVICTION

There are many variables to consider when determining your possible penalty. The Firm of Robert J. Campos and Associates can better inform you of your specific situation. Robert J. Campos offers a free consultation to fully explain the impact of your arrest. However, here are a few guidelines to keep in mind:

.08 BAC
If your blood alcohol content is .08 or more, but below .15, you face the following penalty;

• 10 days in jail. The court can suspend 9 days if you successfully complete a court ordered counseling     program.
• Pay a fine of $250 dollars plus court surcharges.
• May be ordered to perform community restitution.
• Pay a $500.00 Prison Construction Fund penalty.
• Pay a $500.00 penalty to the Arizona Public Safety Equipment Fund.
• Must equip car with an inter-lock ignition device.
• Lose driver’s license for 90 days. You may qualify for a restricted license after your license is     suspended for 30 days.

.15 BAC
If your blood alcohol content is .15 or more, but below .20, you face the following penalty:

• A mandatory minimum jail term of 30 days.
• Pay a fine of $250 dollars plus court surcharges.
• Pay an additional assessment of $250.00.
• May be ordered to perform community restitution.
• Pay an assessment of $1,000.00 to the Prison Construction Fund.
• Pay a $1,000.00 assessment to the Arizona Public Safety Equipment Fund.
• Must equip car with an inter-lock ignition device.
• Suspension of driver’s license.

.20 BAC
If your blood alcohol content is .20 or above, you face the following penalty:

• A mandatory minimum jail term of 45 days.
• Pay a fine of $250 dollars plus court surcharges.
• Pay an additional assessment of $250.00.
• May be ordered to perform community restitution.
• Pay an assessment of $1,000.00 to the Prison Construction Fund.
• Pay a $1,000.00 assessment to the Arizona Public Safety Equipment Fund.
• Must equip car with an inter-lock ignition device.
• Suspension of driver’s license.

The penalties described above pertain to class one misdemeanor convictions. The penalties are increased if you have prior misdemeanor DUI convictions. The penalties are more severe if you are convicted of a Felony DUI.

You may be prosecuted for a Felony DUI if you are driving under the influence while your license is suspended, canceled, revoked, refused, or while having a restriction.

You may also be prosecuted for a Felony DUI if it is your third violation within a prescribed period of time. The minimum penalty is 4 months in prison, fines, suspension of your driver’s license, an interlock ignition device, probation and the forfeiture of your vehicle. You may lose your vehicle to the State of Arizona.

Do not take a chance with an inexperienced or unqualified attorney. If you are arrested for a DUI, call Robert J. Campos & Associates and schedule your free initial consultation.

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