When is Your License Suspended After a DUI in Arizona?
If your drivers license is suspended, don’t panic. An Arizona DUI attorney can help by challenging the suspension of the license. Let’s take a look at how Arizona DUI laws of Implied Consent and Amin Per Se are applied in the context of a DUI and delve into your options after being pulled over.
It is Possible to Keep Your Drivers License After a DUI
Even if you are completely innocent of DUI, it is still possible that your drivers license will be suspended. The Arizona MVD, short for Motor Vehicle Department, is responsible for suspending licenses. The results of your field sobriety test, your answers to questions, your performance in the horizontal gaze nystagmus along with voluntary decisions ultimately determine whether you will be charged with DUI. However, Arizona police rarely inform drivers that participation in such tests is voluntary.
Sadly, even if you are 100% sober at the time you are pulled over, there is a chance your driver’s license will be suspended for an entire year as a result of the Arizona DUI investigation. If the police officer is unsure as to whether you are sober and suspects you have been consuming alcohol, you will likely be arrested for DUI. The police officer simply needs to investigate for DUI to establish reasonable suspicion. This low-proof standard is quite concerning, to say the least.
The police officer will bring you to the police station and advise you of your Implied Consent and Admin Per Se rights. However, you do not have to agree to provide a blood or breath sample. Unfortunately, the police officer has the right to ask for a blood sample rather than a breath sample. At this point, you have a couple options as detailed below.
Providing a Blood or Breath Sample
If you agree to provide the police officer with a blood or breath sample, you might assume doing so presents the potential suspension of your driver’s license. However, the little-known truth is your driver’s license can be suspended even after providing a blood or breath sample. If the sample is 0.080% or higher, the drivers license will be suspended.
If the police officer believes you were impaired by alcohol at the time you were pulled over, a blood sample can be taken. If the blood result is unavailable, the police officer still has the potential to suspend your driver’s license.
Refusing to Provide a Blood or Breath Sample
The other option is to refuse to provide a blood or breath sample. This approach is referred to as a refusal. Refuse to provide the police officer with a sample and your driver’s license will be suspended for an entire year. This means you will not be able to obtain a restricted license. Sadly, this law is applicable even if you were completely sober at the time you were pulled over. The police officer merely needs to identify the grounds on which he/she believed you were impaired through the consumption of alcohol or an illegal drug.
Be Safe Rather Than Sorry
The moral of this story is you should know your rights. Furthermore, it is in your interest to avoid driving after consuming alcohol. Arizona drivers can be charged and subsequently convicted of DUI in the slightest degree in spite of the fact that their blood alcohol concentration is below 0.08%. Driving after drinking is simply not worth the risk. However, if a DUI investigation unfolds, you should be aware of your rights.
Use the information detailed above to consider whether it is in your interest to comply with the request for a blood or breath sample. Keep in mind, some sober individuals are incapable of performing FSTs to perfection. If you end up with your driver’s license being suspended based on Implied Consent / Admin Per Se law, don’t lose hope. Your DUI attorney will help you challenge the ruling with the overarching goal of recovering your driver’s license in a reasonable amount of time.