In Arizona, whether somebody’s licensed by the Arizona MVD or simply driving here because they have permission to do so, a conviction for various moving violation results in the assessments of points. Driving under the influence is an 8 point violation. Most major offenses are 8 point violations as well.
How The Point System Works In Arizona In Junction With The DUI?
Driving under the influence is an 8 point violation, reckless driving is 8, racing is 8, leaving the scene of an accident is a 6 point violation, speeding offenses, speed not reasonable and prudent are 3 points. Most of the violations are 2 points assessments.
If the person gets within a 12 month time period 8 to 12 points and within the past year have not been ordered to attend a traffic survival school, then they are ordered to attend the traffic survival school. If in a 12 months’ time period a person gets 13 to 17 points, then they get a 3 months point suspension.
18 to 23 points results in a 6 months points suspension and 24 or more points within 36 months’ time period results in a 1 year suspension.
In a Driving Under the Influence case, that se it’s guilty, it’s an 8 points assess. If there are additional charges for which the person is found guilty, most commonly speeding which is a 3 point violation and weaving 2 points, the total number of points assessed would be 13 points and the person will get a 3 months point suspension.
If the person had within 12 months prior to that 2 of those violations also on the record, then a simple DUI will result in a suspension because of that he had 13 points in a 12 month time period.
In a driving under the influence case, it comes into effect because of the points assess in driving under the influence together with any other possible violations on the record, it may trigger a point suspension. One other thing about points suspensions is running a red light which is a 2 point violation and will result in the issuance an order to attend traffic survival school. If a person ordered to attend traffic survival school for a red light violation does not attend the school their Arizona license or privilege to drive is suspended indefinitely until they attend the school.
For example, if year and a half prior to getting a DUI conviction, the person has a red light violation even though there are no moving points on the record within the last year, they will get a 3 month point suspension. Because they would have gotten 8 points within 2 years of doing the traffic survival school for the red light violation.
That’s an overview of how the points are affected by a DUI conviction and they can add up pretty quickly.
Many times with a misdemeanor driving under the influence charge, the plea offer is to plea to the minimum sentence and quiet a lot depends on the court. If you go to trial and you lose, you get what the minimum sentence is. The only real incentive is in some cases, if there are any other moving violations already on the record or the case involves additional charges like speeding or weaving, that could be the reason to take a plea offer to avoid the point suspension when otherwise the DUI sentence would be the same any ways.
So they can add up pretty quickly and that’s how it can affect the case.
Restricted licenses are not available for points suspensions.
Factors That Influence Whether Or Not Someone’s License Would Be Suspended Or Revoked Before Or After The Criminal Trial
In terms of before the trial, it would strictly be as a result of any administrative proceedings, those are quiet often done now before the criminal case is over with. If the license is suspended through the administrative proceedings, it could be suspended at the admin per se or the implied consent hearing. That will trigger a suspension before a person went to court.
After court, it may trigger something different: If it’s guilty and there had not been an admin per se suspension as part of the administrative proceeding, then there would be a suspension because of the conviction. That would be a 90 day suspension for the admin per se type suspension.
Revocations are a little more involved. Revocation will come about if, most commonly, if a person has a prior, if the court determines or even the Motor Vehicles Department determines that a person has 2 DUI convictions within 7 years of each other that triggers a revocation.
A 1 year revocation for misdemeanor and 3 years for a felony. If the person also has a major offense within 7 years, meaning reckless driving or racing, that triggers along with a DUI conviction, 1 year revocation. Another possibility and very unusual in the context of a misdemeanor case but still possible, if the person has 2 prior DUI convictions within 7 years of a new conviction, then they would have 3 DUI convictions and that would result in a 3 year revocation even though for a misdemeanor generally it’s a 1 year revocation.
The basic effects of all this is the possibility of getting a restricted license afterwards. If it’s a 2nd or 3rd DUI conviction within 7 years or even a felony, then the person is eligible for a restricted license to drive to and from a job with an interlock device after the first 45 days of the revocation, assuming there is no other suspension or revocations orders in effect on their MVD record.
If there is a 90 days admin per se suspension in effect, then they would not be able to get the license until the admin per se suspension is up. If a prior DUI conviction is triggering it, then they will get a restricted license, but if it’s another major offense for example reckless driving or racing and otherwise it is a first time driving under the influence, but because there are 2 major within 7 years, then they are not eligible for the restricted license.
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Another situation which doesn’t make a lot of sense, somebody could be convicted of a felony driving under an influence have their license revoked for 3 years, get a restricted license after 90 days whereas if they have a first offense driving under the influence but a prior reckless driving on the record, then they don’t get a restricted license at all for the year.
Also if it is a DUI conviction and they are driving under the influence of drugs or driving impaired by medication and they don’t have a prescription for it, as a first offense, it’s a one year revocation. If somebody is driving and they have a prescription but the drug is impairing them to the slightest degree and they’re found guilty of that, its 1 year revocation and no restricted license. If it’s a felony because of 3 DUIs within 7 years they get a restricted license. That doesn’t make sense but that’s what the statutes provide.
Quite often with the medication charges, it is something for which someone has a valid prescription. Maybe it’s an elderly person and they need to drive their car to go to the doctors. They don’t get a restricted license whereas if somebody has gotten a 3rd DUI by drinking a 12 pack of beer and running into school bus full of kids, as long as nobody is hurt they get a restricted license.
If you need information on Factors That Affect DUI License Suspensions In Arizona, call the law office of Attorney Gordon Thompson for a free initial consultation at [number type=”1″] and get the information and legal answers you’re seeking.