The consequences of a DUI conviction in Scottsdale

In the state of Arizona, a person cannot lawfully drive or be in actual physical control of a moving vehicle with alcohol or drugs in their system. By applying for an Arizona driver's licence, you’re automatically agreeing to submit to a blood alcohol concentration test or a drug measurement test if arrested under suspicion of DUI. The gist of this is that police may compel you to take one of the BADC tests, such as blood, breath, or urine, to measure the quantity of alcohol or drugs in your body at any given time.

What if I refuse a BADC test?

Refusing to submit to the field sobriety BADC test can amount to automatic penalties: you’ll be taken into custody for driving under influence, have your driving privileges revoked for 12 months, and undergo alcohol or drug screening before you get a restricted permit to reinstate your licence. The charges of DUI are nothing to laugh at, and the conviction can adversely affect your future.

Will my driver's licence be suspended due to a DUI?

Yes, it will. In the state of Arizona, if someone gets arrested for suspicion of DUI, his/her licence gets automatically suspended, even before he/she could be convicted of the offense. If you refuse to take a breathalyser test, your licence is suspended for 12 months. Under the implied consent law, all drivers licenced in State of Arizona agree to this testing during DUI stops.

The length of suspension depends on the situation:

First-offense DUI – You might have your licence suspended for a period not to exceed one year.
Second or subsequent DUI within 84 months –Your licence may be suspended for two years.

In some situations, you might be granted a limited driver's licence which enables you to drive to work and school.

You have 10 days from your date of arrest to request a hearing at the Motor Vehicle Department in which you can contest your driving privileges with help from your attorney. He may argue that you really weren't under the influence, or that the evidence is too weak to convict on a DUI charge.

Consequences for repeat DUIs in Scottsdale

Having more than one DUI can bring about tougher penalties. The state of Arizona is not easy on second-time offenders. A person who commits a second DUI offense within seven years of the first may face the following penalties.

A felony on your record instead of a misdemeanour.
Second DUI: at least 30 days in jail.
A minimum sentence of four months jail time for a third or subsequent DUI.
Fines and fees of more than $3,000 in the case of a second DUI offense and $4,000 for subsequent DUI offenses.
Revocation of driver's licence for at least 12 months.
Mandatory ignition interlock devices.
Mandatory drug or alcohol screening and education.
Mandatory community service.

For example, if you have had a DUI in the past and get caught again, more serious penalties await. These penalties may impact your job, your cash flow, and even penetrate into your personal life.

What to do after getting a DUI charge in Scottsdale

If you’re charged with a DUI, these are the damage control steps you must take ASAP.

Contact a Scottsdale DUI defence attorney immediately upon your arrest.
Getting legal help right away can make a big difference in your case. A lawyer can help you understand your rights and options.
File a request with the MVD to get your licence returned or get restricted driving privileges. This could enable you to keep driving to work, school, or other important places while your case goes forward.
Don’t miss any court dates or hearings.
Missing a court date can lead to additional penalties, so make sure to attend all required appearances.
If convicted, attend any mandatory drug or alcohol screenings or classes.
These requirements must be completed as an essential part of your sentence; the sooner they are fulfilled, the better the chances of getting back your driving privileges.
Pay for the installation of ignition interlock devices (IIDs) in your vehicles, if ordered.
You are required to pass a breath test via this device before starting your car. This is often mandated to get people back on the road.
Complete any other requirements of your sentence.
This could include community service, fines, or other conditions as set by the court.
Discuss with your attorney the possibility of having your record set aside or expunged. This can help minimize the long-term impact of a DUI on your record.

Contact a Scottsdale DUI attorney today

While you can work with a public defender for free, often they have too many cases, so yours won’t get the attention that it really needs. It's better to contact a dedicated DUI defence attorney who has enough time and resources to build a strong defence for you.

Disclaimer: The products and services mentioned in this article are only applicable to Scottsdale, Arizona.