Arizona takes DUI offenses very seriously. Compared to other states, penalties for DUI’s are very severe. Penalties become more severe when there are additional factors, such as having had previous felonies on your record, having extremely high blood alcohol content, or other aggravating factors, such as driving on a suspended license. If you were charged with a DUI while driving on a suspended license in Arizona, contact a criminal defense attorney as soon as possible. This charge can carry severe penalties, and you should not try to defend yourself. An experienced criminal defense attorney may be able to help you negotiate a plea bargain, or even have your case dismissed entirely.
Arizona is known for its strict DUI laws. A driver who is driving under the influence of alcohol or any drug is guilty of a DUI. In Arizona, as in many states, the blood alcohol content required for a DUI is .08%. For drivers under the age of 21, a zero-tolerance policy applies, so they may be guilty of a DUI, also known as a “baby DUI,” with any amount of alcohol in their system.
A driver’s first DUI may subject them to up to ten days in jail, a $250 fine, license suspension for up to a year, and a required driver interlock device. For each additional DUI offense, the penalties continue to increase.
A prosecutor may charge a driver with an aggravated DUI if they were driving under the influence with a suspended license. An aggravated DUI is classified as a felony in Arizona and carries even harsher penalties than a standard DUI. A driver can be charged with an aggravated DUI when they are driving under the influence and additional “aggravating” circumstances are met. Some of the factors that may rise to the level of an aggravated DUI include:
In Arizona, a license can be suspended for many reasons. A driver accumulates “points” for moving violations, so if a driver has committed enough traffic violations, such as speeding, hit and runs, or previous DUI’s, the points will accrue. Once a driver has reached eight points in a year, their license can be suspended for up to 12 months.
Your license may also be suspended in Arizona if you refuse to comply with a blood alcohol test. In Arizona, by operating a vehicle, you have impliedly consented to being tested for drug and alcohol use if the officer has reasonable grounds to believe you were under the influence, or under the age of 21 with alcohol in your system. If you refuse to comply with the test, though the officer may not administer the test without a warrant, they may require you to immediately surrender your license. It can then be suspended for twelve months. You have the opportunity for a hearing to dispute whether the officer had reasonable grounds to offer you a test in the first place, or whether you actually refused or understood the consequences of refusal.
Your license may also be suspended for failing to respond to a traffic ticket, failing to appear in court, not having auto insurance, and a number of other reasons. If your license has been suspended, you will receive a notice from the Arizona Department of Transportation advising you of your right to a hearing. You may wish to pursue a hearing to dispute your license suspension. You should discuss your case with a lawyer to determine the best method to appeal your suspension.
Even driving with a suspended license is a serious offense, but a DUI with a suspended license is even more severe.
Whereas a standard DUI is classified as a class 1 misdemeanor, a DUI on a suspended license can be elevated to a class 4 felony. Felonies carry more severe consequences than misdemeanors. For a class 4 felony, the maximum sentence is 3.75 years. However, if this was not your first felony, your sentence may increase with the number of allegeable prior felonies. Other penalties associated with an aggravated DUI include:
Defending yourself against a DUI charge is extremely difficult, so it is in your best interest to retain a criminal defense attorney to guide you through the process and try to achieve the best result possible. An attorney may be able to identify procedural and constitutional grounds to challenge your DUI charge and seek a decreased sentence or even have your case dismissed. Some of the common procedural or constitutional issues a DUI lawyer may raise include:
For example, an attorney may be able to show that there was no probable cause to stop your vehicle in the first place or that the officer failed to properly read you your Miranda rights. Your attorney may also raise evidentiary issues as to whether the BAC testing or field sobriety testing was inaccurate. An attorney may be able to negotiate a plea deal with the prosecutor or have your case dismissed.
A felony conviction, such as a DUI on a suspended license, has serious consequences in Arizona. For example, you may be ineligible to receive public benefits like food stamps, public housing, or workers’ compensation. You may also be ineligible for certain state professional licenses, such as teaching, cosmetology, or real estate. You may also lose the right to vote, own a gun, or join the military. A felony conviction may come into play in the case of a child custody dispute, where parents with certain DUI convictions will be presumed to be unfit unless the parent can show that they haven’t been convicted of a felony in the last five years and have since completed treatment. Finally, having a felony conviction on your record may be used to impose tougher penalties on you if you are ever charged with a felony again.
Because the consequences of a DUI on a suspended license conviction can be so severe, it is advisable for defendants facing this charge to discuss their case with an experienced criminal defense lawyer. A lawyer will understand the best defenses to raise in your case to help minimize your penalties. In some cases, a lawyer may even be able to work with the prosecutor to have your case dismissed. You do not want felony charges on your record, so talk to an Arizona DUI lawyer before trying to handle your case alone.