Unfortunately, if you were placed under arrest and refused to take an intoxilizer breath test or submit to a blood draw then, if and when your license suspension goes into effect, the suspension is for one year no driving. However, you can receive a Restricted License with a Special Ignition Interlock Device (SIID) after 90 days.
To obtain a Restricted License with a SIID you must:
- Contact the MVD to verify eligibility (or wait until you received a notice of eligibility from the MVD);
- No other outstanding withdrawal actions pending on your driving record;
- Installed an ignition interlock on your vehicle and provided us the MVD with a “Verification of Installation” form;
- Complied with mandatory alcohol treatment programs (screening and all recommended hours of classes) and submitted proof of completion;
- Submitted proof of future financial responsibility to MVD (e.g., certificate of automobile liability insurance known as an SR22); and
- Pay all applicable fees.
A Restricted License with a Special Ignition Interlock Device will allow you to do drive as follows:
- Place of employment and residence during specified periods of time while at employment;
- Place of residence, the person’s place of employment and the person’s secondary or postsecondary school according to the person’s employment or educational schedule;
- Place of residence and a treatment or screening facility for scheduled appointments;
- Place of residence and the office of the person’s probation officer for scheduled appointments;
- Place of residence and the office of a physician or other health care professional; and
- Place of residence and a certified ignition interlock device service facility.
It should also be noted that the time you have the SIID installed on your vehicle will NOT be credited towards any additional time you must have an Ignition Interlock Device installed. In other words, if you are convicted of regular DUI the special ignition interlock will be in addition to the six months of interlock (or 1 year for extreme) that you will receive as a result of your conviction. Moreover, because this particular suspension is a result of refusing the chemical test it will NOT be reduced or vacated if you are later found to be not guilty of the underlying DUI charge.
The only way to avoid the one year suspension is to request a hearing with the MVD and show that either 1) the officer did not properly warn you of the consequences of refusing the chemical test; 2) that you did not actually refuse the test; or 3) that you did not understand what was being asked of you.
If you need assistance with defending your DUI please give us a call at (480) 306-8875 and schedule a free consultation or click this link to go directly to our DUI Information Page for the most up to date status of Arizona’s DUI laws.