A conviction for driving under the influence can lead to numerous criminal and administrative penalties. One of the most impactful short-term consequences is the likely suspension of your driver’s license. Even if you avoid serving significant jail time or paying high fines, losing your license for any amount of time can affect your professional and personal life.
You may have options for contesting a Gilbert DUI driver’s license suspension after getting arrested and charged for this offense. In any case, guidance from a skilled lawyer at Grand Canyon Law Group will be essential to effectively enforcing your rights and giving yourself the best possible chance of a positive outcome.
A law enforcement officer will usually confiscate a driver’s license immediately after charging them with DUI and give them an “administrative per se” form to serve as a temporary driver’s license. Unless the defendant formally contests their charge, the “administrative per se” form will expire, and the suspension period will begin 15 days later. Typically, any suspension assessed against someone convicted of DUI will not run concurrently with any jail or prison time they receive.
The first time someone is convicted of a misdemeanor DUI, they will typically be subject to a minimum driver’s license suspension of 90 days. Notably, someone charged with “super extreme DUI”—which courts generally consider driving with a blood alcohol concentration (BAC) over 0.20 percent—is still subject to a 90-day license suspension for a first offense. However, they may receive a one-year suspension for second and subsequent offenses.
Likewise, anyone charged with felony DUI will generally be subject to a minimum one-year license suspension and can potentially have their license revoked altogether. Additionally, anyone who refuses to consent to BAC testing after being pulled over on suspicion of DUI will almost always have their license automatically suspended for one year, as our Gilbert attorneys can explain.
The 15-day “admin per se” grace period is the main opportunity for DUI defendants to formally contest a potential driver’s license suspension. Our experienced lawyers in Gilbert can help with this process by filing a written request for a hearing before the Motor Vehicle Division’s Executive Hearings Office.
This MVD hearing is a civil hearing rather than a criminal one and has slightly different rules and burden of proof. A positive result could result in the pending license suspension being overturned. In some circumstances, it may be possible to shorten an admin per se license suspension by completing court-approved alcohol screening. As our local attorneys can attest, a DUI license suspension based on a refusal to take a BAC test can sometimes be downgraded to a restricted license after 90 days.
Dealing with a driver’s license suspension stemming from a DUI charge can be difficult under any circumstances. You need guidance from the dedicated attorneys at our firm to achieve a favorable resolution. We have years of experience helping people like you protect their ways of life.
Representation from Grand Canyon Law Group can make a world of difference when it comes to understanding and overcoming a Gilbert DUI driver’s license suspension. Call us today to learn more.