Arizona DUI FAQ's
What is BAC?
BAC stands for Blood Alcohol Concentration. BAC is a measurement of the amount of alcohol in your system. This amount is based on a test of your breath, blood or urine. In Arizona it is illegal to drive a car if your BAC is .08 percent or greater. Our Phoenix Arizona DUI Lawyers are experienced in all aspects of DUI Law In Arizona.
What affects BAC?
BAC can be affected by the amount of alcohol you consume, the period in which you consume it and your body weight or size. Other things affecting your reaction to alcohol include the food you may have eaten, tolerance for alcohol and any drugs you may have taken. If you have any further questions, one of our Phoenix DUI Attorneys can assist you.
What is the Implied Consent Law?
By the mere fact of driving on an Arizona roadway, you are considered to have given your consent to give to tests following an arrest for a DUI. These can include breath, blood and/or urine tests. The purpose of these tests is to find if you had been drinking or using any other form of drug before or while driving.
Who may administer the blood test?
A doctor or registered nurse must do the blood test, but you may have a qualified person of your own choosing administer more tests at your own expense.
What is DUI?
DUI stands for Driving Under the Influence of alcohol or drugs in Arizona.
What happens if I am convicted of a DUI?
If you are convicted of Driving Under the Influence, your driver’s license and driving privileges will be suspended for at least 90 days for your first offense and one year for your second offense committed within a 5-year period.
What happens if I am convicted of a DUI and I am under 21?
If you are under 21 during your DUI conviction, your driver’s license and driving privileges will be revoked for a minimum of two years for your first offense, for five years or until your 21st birthday, whichever is longer, for your second offense and for 10 years for your third or subsequent offense.
What happens if I refuse to take a chemical test? (Summary Suspension doesn’t exist in AZ)
If you are arrested for driving under the influence of alcohol, you will be asked to submit to a breath, blood or urine test. If you refuse any of these chemical tests you will lose your driving privileges for one year. In the event of a refusal, it is likely that police will obtain a search warrant to draw blood regardless of consent. The one year suspension will begin 15 days from the date of service unless you request an administrative hearing in which your privileges will not be suspended until the outcome of the hearing is determined.
What is a Legal Summary Suspension?
If you are arrested for driving under the influence of alcohol, you will be asked to give to chemical testing and if you refuse you may get a six or 24 month suspension of your driving privileges.
Also to a Summary Suspension, you may be convicted of driving under the influence of alcohol and/or drugs. A DUI conviction will lead to loss of driving privileges and you may be fined up to $1,000 AND given a jail sentence up to one year. If you are convicted of a second DUI within 20 years, you will lose your license for a minimum of three years and sentenced to jail for 48 hours or 10 days of community service and fined up to $1,000. While a third DUI conviction, which is a class 4 felony, will lead to the loss of your license for a minimum of six years, a possible one to three year imprisonment and a fine of up to $10,000.
What is the difference between a revocation and a suspension?
A suspension means that you temporarily lose your driving privileges for an appointed time or until you meet the set reinstatement rules. While a revocation means that your driving privileges are taken away indefinitely.
Can I get into trouble for allowing someone under the influence to drive my car?
Yes, it illegal for you to allow someone to drive your vehicle if you know that person is under the influence. If convicted, you can be fined up to $1,000 and given a jail sentence of up to one year.
How long do traffic tickets stay on my driving record?
Tickets sent for moving violations are part of your driving record for a minimum of four years. If the ticket was for a routine offense, such as speeding, it will be off your record six months after the four-year period has ran out. On the other hand a ticket that was the basis for a suspension or revocation of your driver’s license will remain on your record for a minimum of seven years from the date that your driving privileges have been reinstated. NOTE: Alcohol or drug related offenses are never erased from the driving record. Our Phoenix Arizona DUI Lawyers are experienced in all aspects of DUI Law In Arizona including record expungement.
Can I get a copy of my driving record?
Arizona driving records, also known as Motor Vehicle Records (MVRs) can be requested in person from any Arizona MVD location. The MVR can also be ordered online at http://www.servicearizona.com/.
