You're facing a DUI arrest in Flagstaff, Arizona, and your mind is reeling with questions about what happens next. Though the penalties for DUI are overall severe in Arizona, one of the most pressing concerns might be whether you can still drive. The answer is not a simple yes or no. Your ability to legally operate a vehicle depends on several factors, including administrative license suspensions and the outcome of your criminal case.
At Griffen & Stevens Law Firm, we understand the stress and confusion that come with a DUI arrest. Our compassionate team of Flagstaff criminal defense attorneys is here to guide you through the complex legal process and help you understand your options for protecting your driving privileges. Let's take a closer look at what you can expect after a DUI arrest in Arizona.
Understanding the Impact of a DUI Arrest on Your License
Under Arizona Revised Statutes (ARS) Section 28-1321, a DUI arrest results in an administrative license suspension DUI separate from any criminal penalties. When you're arrested, the officer confiscates your physical driver's license and provides an affidavit that serves as your temporary driving permit. This permit allows you to drive for 15 days from the date of your arrest.
During this 15-day window, you have a critical decision to make. You can either request an administrative hearing to challenge the license suspension DUI or apply for a restricted permit that allows you to drive under certain conditions. If you do nothing, your license will be automatically suspended after the 15-day period ends.
It’s important to note that the administrative process is entirely separate from your criminal DUI case. Even if you’re eventually found not guilty of DUI charges, the license suspension can still take effect unless you successfully challenge it through the administrative hearing process.
Requesting an Administrative Hearing
If you believe your license suspension DUI is unjustified or want to fight to keep your full driving privileges, you have the right to request an administrative hearing. You must submit this request to the Arizona Department of Transportation's Executive Hearing Office within 15 days of your arrest.
At the hearing, you have the opportunity to present evidence and testimony challenging the suspension. Common defenses include:
- Lack of probable cause for the traffic stop. If the officer did not have a valid reason to pull you over, any evidence obtained during the stop may be inadmissible.
- Inaccurate or improperly administered field sobriety tests. Field sobriety tests must be conducted according to strict guidelines. If the officer failed to follow proper procedures, the results may be challenged.
- Breath or blood test irregularities. If the breathalyzer was not properly calibrated or blood samples were mishandled, the accuracy of the test results can be called into question.
A skilled Flagstaff criminal defense attorney can help you build a strong case for the administrative hearing. If successful, you may be able to avoid the license suspension DUI entirely, although you will still need to address the separate criminal charges.
Applying for a Restricted Driver's License
If you need to drive for essential reasons like work or school, you may be eligible for a restricted driver's license during your suspension period. To qualify, you must:
- Have a valid Arizona driver's license at the time of your arrest
- Not have refused the breath or blood test
- Install an ignition interlock device on your vehicle
- Provide proof of future financial responsibility, typically in the form of an SR-22 insurance certificate
A restricted license allows you to drive to and from specified locations like your workplace, school, doctor's appointments, and substance abuse treatment programs. You must carry proof of your destination and can only operate a vehicle equipped with an ignition interlock device.
Keep in mind that eligibility for a restricted license is not guaranteed. If you have prior DUI convictions or refused the chemical test, you may face a longer suspension period without the option of a restricted permit. A criminal defense attorney can help you understand your options based on your specific circumstances.
Navigating the Criminal DUI Process
While addressing your administrative license suspension DUI is crucial, don't forget that you also face criminal charges. A DUI conviction can result in jail time, fines, probation, and long-term consequences like having a permanent criminal record.
The criminal process involves arraignment, pretrial conferences, and potentially a trial. A Flagstaff criminal defense attorney can guide you through each step, helping you understand your rights and options. They can challenge the evidence against you, negotiate with prosecutors for reduced charges, or fight for an acquittal at trial.
Remember, you have the right to legal representation at every stage of the DUI process. Working with an experienced defense team can make a significant difference in the outcome of both your administrative license suspension and criminal case.
Finding the Right Criminal Defense Attorney
When your future is on the line, it's crucial to work with a criminal defense attorney who has the knowledge, skills, and dedication to fight for your rights. As you consider your options, look for an attorney who:
- Specializes in DUI defense. DUI laws are complex and constantly evolving. Choose an attorney who focuses on this area of law and stays current on the latest legal developments.
- Has a proven track record. Look for an attorney with a history of successful DUI case outcomes, including favorable plea bargains, dismissals, and acquittals.
- Offers personalized attention. Your case is unique, and you deserve an attorney who takes the time to understand your individual circumstances and goals. Avoid firms that treat you like just another case number.
- Communicates clearly and promptly. You should feel comfortable asking questions and receive timely, straightforward answers. Your attorney should keep you informed at every stage of the process.
At Griffen & Stevens Law Firm, we pride ourselves on providing skilled, aggressive DUI defense coupled with compassionate client service. If you're facing a DUI arrest in Flagstaff or the surrounding areas, we're here to help.