A DUI conviction, a hearing and the effects on your future

| Dec 10, 2018 | Firm News |

After a conviction of driving under the influence of alcohol in the state of Arizona, you will face an administrative hearing to decide the fate of your driving privileges.

If you need your vehicle to travel back and forth to work or to class, the loss of your driver’s license can be devastating. A DUI mark on your record could also put a big roadblock on your plans for the future.

The arrest

If law enforcement stops you on suspicion of DUI, the officer will ask you to submit to a blood, breath or urine test to determine your blood alcohol content level. If you refuse, or if your testing shows an illegal level, the officer will serve you with an Implied Consent Affidavit, which contains an order to appear at a hearing with the MVD and the request for the suspension of your driver’s license.

The DUI hearing

The matter of a 90-day license suspension is at issue here: The judge must decide whether to uphold the suspension. If so, you may be eligible for a restricted license so that you can get to work or class, to report to your probation officer or for travel to an alcohol treatment, screening or education facility.

The point system

The Motor Vehicle Department can assign points to your driver’s license. For example, the MVD can assign eight points for your DUI conviction. The Department could suspend your license for up to a year depending on the number of points you accumulate over a 12-month or 36-month period—and these points, in addition to a DUI mark on your record, can cause difficulties when you are looking for a job or trying to gain acceptance to college or graduate school. Applicants with clean records will usually appear to be more trustworthy in the eyes of the interviewer or the person reading your application.

The time limit on procedures

If you face a charge of driving under the influence of alcohol, you should not wait to explore your legal options. The Order of Suspension in the Implied Consent Affidavit begins in just 15 days along with decisions that, in one way or another, will affect your future.