According to the Centers for Disease Control report Sobering Facts, 2,912 people died in Arizona from drunk driving from 2003-2012, a death rate higher than the national average. 1.7% of drivers in Arizona reported driving when they had too much to drink. Driving Under the Influence (DUI) is an ongoing, serious problem with tragic consequences.
In fact, according to the Arizona Department of Motor Vehicles, there were 256 people killed in DUI related crashes in 2019. DUIs were responsible for over $3 billion in damages. It’s easy to see why the state of Arizona has strict penalties for DUI that, in addition to criminal and civil penalties, result in the suspension of the driver’s license.
DUI is a Crime
The state of Arizona defines Driving Under the Influence as driving with a blood alcohol content of 0.08% or more (0.04% if you’re driving a commercial vehicle). DUI is a crime. First time offenders can receive a sentence of a minimum of 10 days in jail with $1,250 in fines. Subsequent offenses result in no less than 90 days in jail, $3,000, and a revoked license.
All offenses also require alcohol screening/education/treatment and to install an interlock device (more on those later). Community service is also required.
If a driver commits a third DUI in 84 months, drives under the influence while their license is suspended, revoked or canceled, commits a DUI with a minor in the car, or does any of this with an installed interlock, the penalty is two years in prison in addition to the penalties listed above.
It’s worth understanding that Arizona does not see DUI as a common mistake but instead as a violent crime.
Of course, there are consequences to drunk driving not limited to criminal penalties. Driving is considered a privilege in Arizona, not a right. Consequently, DUI can lead to the suspension or revocation of your license.
Revocation is the terminating of your privileges to drive. While the process is similar to suspension, it is a much more involved process.
Suspension, on the other hand, is the temporary removal of your privilege to drive. Suspension can occur without being held criminally responsible. It can simply happen because of a Motor Vehicle Department hearing.
But first, let’s examine the steps of a DUI.
It is easy to exceed the legal limit with alcohol, which is one of the reasons that organizations like MADD advocate a combination of efforts to eliminate the issue, such as high visibility law enforcement, car technology, and community pressure. The legal limit, on average, provides for one standard drink per hour for most people. But the differences in body weight and chemistry cause the standards of intoxication to vary wildly.
Any drinking before driving is not safe drinking.
If a driver is pulled over for suspected intoxication, the police officer will request they submit to a test, usually a breathalyzer, to analyze their BAC. In Arizona, having a license creates implied consent to testing.
This means that if the driver refuses to submit to the test, they will automatically lose their driving privileges for 12 months. In addition because telephone warrants are common, it is often the case that the driver will be compelled to submit regardless, and still face the additional penalty of a year without a license.
At this point, before the trial and any hearing, the driver’s license is suspended and needs to be reinstated. If the driver disagrees with the suspension and wants to challenge it, then they can request a hearing with Arizona MVD. These hearings have no bearing on criminal charges and deal only with the status of a license. However, requesting the hearing may put the suspension on hold.
The executive hearing functions like a trial, with everyone under oath and the proceedings recorded. The Administrative Law Judges who preside over the court will take testimony and render the final verdict. There is a chance to appeal a ruling in superior court.
First, the driver will pay a minimum of $1,250 and spend a minimum of 10 days in jail. They will also have to submit to community service, and take three additional steps:
Let’s look at each one in turn.
Complete an alcohol education program
In Arizona, this means 16 hours of training provided through the Arizona MVD. The training is usually done in person, though there are online options available. It is administered by a health education professional.
File an SR22 Certificate of Financial Responsibility.
An SR22 isn’t, itself, insurance, but rather proof of adequate insurance to cover the extended liability a conviction for drunk driving requires. By contacting insurance agents, the necessary coverage can be obtained and the driver in question can then submit the form to the state.
Install an official ignition interlock device.
Arizona MVD requires an ignition interlock device be installed by one of their approved companies, and for the driver to keep proof of the installation. But what is an ignition interlock device?
An ignition interlock device is a breathalyzer that is wired to the car’s ignition. It prevents the car from starting without the driver first breathing into it so that BAC can be determined. If the driver does not pass the test, the car will not start.
They are effective: the International Council on Alcohol, Drugs, and Traffic Safety maintains that interlock devices reduce repeat offenses by 40%-95% (the difference being in proper monitoring of the device). For this reason, Arizona requires this technological intervention during the period of the suspension.
Arizona allows for the possibility of a restricted license during the suspension period, known as the Special Restricted Driver's License. It is not guaranteed, but you may be eligible if:
The Special Restricted Driver’s license allows a driver to travel school, work, medical establishments, and to fulfill any other mandated activities.
Once all the requirements of the State of Arizona have been met, then the driver may attempt to reinstate their license. Licences are not automatically resupplied—instead, they must be applied for.
The process varies slightly in each case, but effectively it requires the driver to return to MVD and supply the court clearance documents, pay the $10 reinstatement fee, and show proof of the SR22 (which may need to be maintained up to 3 years).
Provided you have a photo on file, the process can be completed by mail or online.
DUIs are serious risks to the community and come with serious penalties and an arduous process to recover driving rights. Clearly, avoiding the situation is the absolute best outcome. But if it is necessary, there is a process in place that will allow you to regain your status as a driver and rejoin the community.
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