Arizona has two sets of procedures that you must attend to when you have been charged with a DWI—administrative and judicial. We suggest that you consult with a DWI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Arizona is one of 42 states that has implemented ALR. This means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional DWI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.
You will be given a 15 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 16th day for 90 days, although first-time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In Arizona, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even for a first offense.
License Revocation, Fines and Jail
- First Offense – Class 1 Misdemeanor: Up to 10 days in jail, fines up to $1,250, 90-day license suspension, installation of an ignition interlock device for 1 year, and possible alcohol or drug screening, education or treatment. Extreme DUI. If BAC is 0.15 or higher, increased fees, one-year license revocation, installation of an interlock device.
- Second Offense –Class 1 Misdemeanor: up to 90 days in jail, community service, fines up to $3,000, one-year license suspension, installation of an interlock device, and completion of an alcohol education or treatment program. Extreme DUI. If BAC is 0.15 or higher, increased fees, one-year license revocation, installation of an interlock device for 1 year after driving privileges are restored.
- Third Offense (within five years) Aggravated DUI. Minimum 4 months and up to 2 years in prison, fines up to $150,000, mandatory counseling, community service, three-year license revocation, and installation of an interlock device for 2 years after driving privileges are restored. The court may impound the vehicle.
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