DUI: What it Means for your Driver’s License

Did you know that a DUI Charge can have serious effects on your driver’s license and your ability to drive?

In this information page, we will explore the consequences of being charged with a DUI for your driver’s license, and what action you can take to work towards the protecting your driving privileges.

What is Implied Consent?

In Arizona, when a driver signs to receive their driver’s license many do not actually understand they are also agreeing to what is known as implied consent to drug and alcohol screening. Essentially, by agreeing to operate a motor vehicle in Arizona, you give your advance agreement to submit to testing (breath or blood) by police, if you are stopped for and suspected of a DUI. Many people are unaware of this, and it can cost them. In fact, according to Arizona Revised Statutes ARS  28-1321, if a driver then refuses to submit to drug or alcohol screening, their license may be suspended automatically for a period of 12 months for violating the implied consent law.

Should I give my consent to testing if I’m pulled over?

This is a tough question and there is no exact answer. As each person’s set of facts and case details are different. We will say there are pros and cons to either decision:

• Granting your consent to law enforcement if you are stopped for DUI, results in a shorter license suspension of 90 days if your Blood Alcohol Content (BAC) is above the legal limit but does allow the officer the ability to conduct blood, breath, or urine tests.
• Refusing consent when asked by law enforcement, then places the burden on the arresting officer to then write up and submit a warrant for your blood which is then submitted to a Judge. Upon receiving the warrant, if the Judge feels there’s enough justification written in the warrant, then he/she may grant the warrant thereby giving the officer the lawful right to obtain your blood samples for testing. If this occurs, you are now looking at a 12-month suspension. Not based on your BAC but instead based on your refusal to give the sample in the first place.

What can I do to restore my license?

In either case, you can fight your license suspension. If you are stopped for DUI and you either 1) refused the officers request of a sample there by making the officer getting a warrant OR 2) you consented to the officer’s request for a sample, and it resulted in you being over the legal limit of alcohol or your ability to drive the vehicle was impaired to the slightest degree you can request a hearing thru Motor Vehicle Division.

However, this hearing request must be received within 14 days from the date you were stopped. If this deadline is missed, you are no longer able to request a hearing and the suspension begins.

As a result, it is crucial that you request and attend a driver’s license suspension hearing to try to prevent suspension from taking effect. Our Attorneys are well-versed with Motor Vehicle Hearings and can help fight for your license at these hearings. However, as with any court or hearing litigation there are never any guarantees – your license may still be suspended in spite of the hearing. To give you the best possible outcome possible from your hearing, one of our qualified DUI Defense Attorney can help you. The experienced attorneys at The Law Offices of Brandon White can help you navigate the complex DUI legal process and fight for your rights and protect your ability to drive.  Call us today for a free DUI license suspension strategy session.