How to Stop License Suspension After a DUI in Arizona
A DUI charge in Arizona can lead to severe consequences, and one of the most significant is the suspension of your driver’s license. Arizona imposes strict penalties on drivers arrested for DUI, and in many cases, your license may be automatically suspended by the Arizona Department of Transportation (ADOT). The suspension occurs even if it is a Standard DUI, Extreme DUI, or Aggravated DUI, the suspension can last from 90 days to several years.
Losing your license can disrupt your daily routine, making it difficult to commute to work, attend appointments, or manage family responsibilities.
However, if you are facing a license suspension after a DUI, there are ways to challenge it. At Tamou Law Group, our experienced DUI attorneys can help you explore options to keep your driving privileges intact while defending against the charges. This goes for
License Suspension by ADOT After a DUI Arrest
In Arizona, any DUI arrest can result in an automatic license suspension by ADOT, known as an Administrative Per Se suspension. This suspension is triggered regardless of whether you are eventually convicted of a DUI. Here’s how it works:
- Failed Chemical Test (Alcohol or Drugs): If you are arrested for DUI and your blood alcohol concentration (BAC) is 0.08% or higher (or if marijuana or other drugs are found in your system), ADOT will move to suspend your license.
- Refusal to Take a Chemical Test: Arizona’s implied consent law requires drivers to submit to a chemical test if lawfully arrested for DUI. If you refuse to take the test, ADOT will automatically suspend your license for 1 year.
In either case, the suspension will begin from 15-30 days after your arrest unless you take immediate action to challenge it.
How to Stop a License Suspension in Arizona
If your license is about to be suspended by ADOT after a DUI arrest, you do have the right to fight the suspension. Here are the steps you can take to try and stop the suspension:
- Request a Hearing with ADOTAfter a DUI arrest, you have 15-30 days (depending on the situation) to request a hearing with ADOT to challenge the suspension. This hearing, called an Admin Per Se hearing, allows you to contest the automatic suspension before it goes into effect.
- Why is this important? Requesting a hearing stops the suspension from taking effect until the hearing is held. This gives you additional time to drive legally and allows your attorney to challenge the evidence against you, including the legality of the traffic stop, the validity of field sobriety tests, or potential errors in the chemical testing.
- What happens at the hearing? Your attorney can present arguments to dispute the accuracy of the breathalyzer, blood tests, or other evidence used to justify the suspension. If successful, ADOT may dismiss the suspension, allowing you to retain your driving privileges.
- Challenge the Chemical Test ResultsA significant part of your defense may involve challenging the validity of the chemical test used to suspend your license. For example:
- Alcohol-related DUI: If the breathalyzer was improperly calibrated or administered incorrectly, your attorney can argue that the BAC results are unreliable.
- Marijuana-related DUI: For marijuana DUIs, the presence of THC metabolites does not necessarily mean you were impaired at the time of driving. Your lawyer can question whether the test results truly indicate impairment, as THC can remain in the body long after its intoxicating effects have worn off.
By discrediting the chemical test, your attorney can argue that there is insufficient evidence to justify the license suspension.
- Pursue Dismissal or Reduction of DUI ChargesWhile the initial license suspension is administrative, fighting the criminal DUI charge is essential to avoid long-term penalties. If the DUI charge is dismissed or reduced to a lesser offense (such as reckless driving), this can affect the status of your license.
- A dismissal of the DUI charge can help restore your driving privileges.
- A reduction to reckless driving could avoid the long-term consequences of a DUI conviction, including the potential requirement for an Ignition Interlock Device (IID) if alcohol was involved.
Consequences of a DUI Conviction on License Suspension and IID Requirements
If you are convicted of DUI in Arizona, the court will not impose a separate license suspension, as ADOT handles suspensions. However, there are additional consequences related to your driving privileges:
- Ignition Interlock Device (IID):
- For alcohol-related DUIs, the court will typically require you to install an IID for a minimum of 12 months. This device requires you to pass a breath test before starting your vehicle.
- For marijuana-related DUIs, the court has discretion over whether to require an IID. While it’s not automatic, it may be imposed depending on the circumstances of the case.
- Restricted License: After serving a portion of your suspension, you may be eligible for a restricted license that allows you to drive to certain places, such as work, school, or court-ordered treatment programs. To qualify, you may need to install an IID on your vehicle.
Why You Need a DUI Lawyer to Protect Your License
Stopping a license suspension after a DUI arrest in Arizona is not easy, but it is possible with the right legal strategy. The process of requesting and preparing for an ADOT hearing can be complex, and challenging the evidence used against you requires skill and experience. At Tamou Law Group, we are committed to helping our clients protect their driving privileges and build a strong defense against DUI charges.
Contact Tamou Law Group to Fight Your License Suspension
If you’re facing a DUI-related license suspension in Arizona, don’t wait to take action. Contact Tamou Law Group today at 623-321-4699 to schedule a free consultation. Our experienced Tucson DUI lawyers will assess your case, explain your legal options, and work to stop or minimize your license suspension.
