The Behan Law Group, P.L.L.C.

520-220-5047

1-877-MISS-DUI / 1-877-647-7384

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945 N. Stone Ave, Tucson, AZ 85705

Easing License Restrictions for Those Arrested or Convicted of DUI

 Posted on December 29, 2022 in Legal

DL.jpgStarting in January, many new and beneficial changes are coming the license restrictions faced by people arrested or convicted of DUI. Some of those changes include:

1. Time to Request a Hearing

Currently, if you are arrested for DUI the officer will give you an admin per se/ implied consent form (usually your copy will be pink or yellow).  You have 15 days to request a hearing on the license suspension or your license will be automatically suspended.  Starting in January, that will change to 30 days. This gives people twice as long to request a hearing. These hearings can be a huge benefit and we at the Behan Law Group have been successful in defeating licenses suspensions at these hearings.

2. Suspension when Arrested for DUI and Consenting to Chemical Testing

Right now, if you are arrested for DUI and agree to the chemical test (this can be blood, breath, or urine) you face a 90-day suspension.  For those who qualify those 90 days are split into 30 days of absolutely no driving followed by 60 days of restricted driving where you can drive to and from work, school, home, etc.

This is about to get a huge change to benefit drivers! Starting in January, if your license is suspended for 90 days you may be eligible for a Special Ignition Interlock Restricted Driver’s License (SIIRDL). This would allow you the same privileges as a restricted license so long as your vehicle is equipped with an ignition interlock. As a result, there would be no period where you were unable to drive.

3. Suspension when Arrested for DUI and Refusing Chemical Testing

Prior to January 2023 if you were arrested for DUI and refused the chemical test you would face a 12-month suspension. For those eligible, that suspension would be 90 days of absolutely no driving followed by 9 months of a SIIRDL. Beginning in January, you could be eligible for that SIIRDL immediately. Again, as a result, there would be no period where you were unable to drive.

4. Reducing Time for Ignition Interlocks

Perhaps most exciting, is that previously the time your vehicle was equipped with an ignition interlock for SIIRDL purposes did not count towards the time you are required to have an ignition interlock if you were convicted of DUI.  What this meant is that many people ended up having ignition interlock devices on their vehicles for years. Now the time that your car is equipped with an ignition interlock all counts for the ignition interlock requirement that is ordered when convicted of DUI. This change may greatly reduce the time you are required to have an ignition interlock.

With the laws constantly changing, you need an attorney who is up to date and able to provide you with the most accurate information to help you.  If you or a loved one is arrested for DUI, contact us at 520-220-5047 and let Miss DUI Arizona fight for you!

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