DUI- Frequently Asked Questions
What signs do police officers look for before pulling someone over on suspicion of drunk driving?
What should I do if the police pull me over on suspicion of drunk driving?
Do I have to comply with an officer’s request to perform a field sobriety test?
What is the officer looking for during the initial detention at the scene?
Does an officer have to read me my rights before arresting me on suspicion of drunk driving?
Should I agree to a blood, breath or urine chemical test? What are the penalties if I do not?
What if I had drugs in my system?
What if I have been convicted of DUI in another state?
What other penalties might I face if convicted for DUI?
What will happen at the police station?
What if I did not know that there was a problem with my license?
Why do I have a Public Defender?
If I have a Public Defender, can I hire a private criminal defense attorney?
What if I don’t know my next court date?
What should I expect at court?
What if I know that I am guilty?
What questions should I ask when hiring an attorney?
How much should you pay for an attorney?
How can I avoid serving time in jail?
How long does a DUI case take?
What is the difference between City Court, Justice Courts and Superior Court?
What do I need to know about the Court I have to go to?
What happens at the Motor Vehicle Division hearing?
What happens after the 90 day suspension period?
What happens if I am pulled over (and not impaired) when my license is suspended for DUI?
How many drinks does it take to get to be over the legal limit?
Will my car insurance increase?
I’m under 21 and have been charged with DUI?
Why am I charged with DUI two or three times in the same ticket?
What will happen to my commercial driving license?
What if I have an out of state license?
What if I have been convicted of DUI in another state and am now facing a DUI charge in Arizona?
What is a DUI? In Arizona, Driving While Under the Influence of Intoxicating Liquor or Drugs is also referred to as “DUI” or “DWI”. To be charged with a DUI, a defendant must operate a motor vehicle while impaired to the slightest degree by drugs or alcohol or operate a motor vehicle with a blood alcohol concentration in excess of the statutory limit. Additionally, a motorist can be charged with DUI if he is operating a motor vehicle and found to have any drug defined in ARS 13-3401 or its metabolite in the person’s body.
What signs do police officers look for before pulling someone over on suspicion of drunk driving? While not a complete list, the following examples are symptoms which serve as signals to a police officer that a motorist may be intoxicated. This list is based upon research conducted by the National Highway Traffic Administration:
- Turning with a wide radius
- Straddling center of lane marker
- Almost striking object or vehicle
- Weaving/Swerving
- Driving on other than designated highway
- Speed more than 10 mph below limit
- Stopping without cause in traffic lane
- Following too closely
- Drifting
- Tires on center or lane marker
- Braking erratically
- Driving into opposing or crossing traffic
- Signaling inconsistent with driving actions
- Slow response to traffic signals
- Stopping inappropriately (other than in lane)
- Turning abruptly or illegally
- Accelerating or decelerating rapidly>
- Headlights off
What should I do if the police pull me over on suspicion of drunk driving? Quickly retrieve your license, registration and proof of insurance and provide this to the officer upon request. If you believe that the officer is investigating you for DUI, immediately request to speak with an attorney and refuse to submit to any field sobriety tests. Additionally, you should respectfully decline to answer any of the officers questions as it relates to the DUI investigation.
Do I have to comply with an officer’s request to perform a field sobriety test? No. It is always in your best interest to refuse performing a field sobriety test such as the portable breath test, any eye tests, the one-leg stand test, counting backwards, or reciting the alphabet. Instead, politely inform the officer that you wish to speak to an attorney and refuse to answer any questions. Arizona laws give you the right to legal counsel upon being arrested or prior to deciding whether to submit to chemical testing, so long as doing so does not unreasonably delay the timing of your chemical test.
Alcock & Associates, P.C., highly recommends that you do not submit to a field sobriety test if pulled over on suspicion of DUI. The results can only be used against you in trial, and there is no penalty for refusing. Consult the Know Your Rights section of our site for vital information to remember in the event that you are pulled over on suspicion of DUI.
What typical observations of intoxicated behavior provide probable cause for an officer to make a DUI arrest? We are all familiar with certain attributes associated with intoxication. An arresting officer is allowed to use his/her common sense to draw reasonable inferences regarding whether a motorist pulled over on suspicion of DUI is actually intoxicated. In addition to intuition, officers are trained to look for the following signs to confirm any suspicions of intoxication.
- Red, watery, glassy and/or bloodshot eyes
- Odor of alcohol on breath
- Slurred speech
- Flushed face
- Nausea
- Fumbling with wallet while trying to retrieve license
- Failure to comprehend the officer's questions
- Staggering when exiting vehicle
- Swaying/instability on feet
- Leaning on car for support
- Combative, argumentative, or other "inappropriate" attitude
- Soiled, rumpled, disorderly clothing
- Stumbling while walking
- Disorientation as to time and place
- Inability to follow directions
Does an officer have to read me my rights before arresting me on suspicion of drunk driving? The officer is supposed to give a Fifth Amendment Miranda Warning after he arrests you and before asking any incriminating questions. Sometimes, however, the officer may forget, or choose not to, provide this legal advisement. If the officer fails to give you a Miranda Warning, the consequence is that the prosecution generally cannot use any of your answers to questions asked by the police after the arrest. If you were not read a Miranda Warning, immediately inform one of the experienced DUI lawyers at Alcock & Associates, P.C.
Should I agree to a blood, breath or urine chemical test? What are the penalties if I do not? Simply put, Arizona law requires that every driver submit to a chemical test if the officer suspects that individual of being impaired while operating a motor vehicle. A failure to take a breathalyzer, blood, or urine test will result in your license being suspended for twelve months. Additionally, your failure to take the mandatory test can be used against you at trial.
Even if you do not complete the field sobriety tests and ask for a lawyer, a police officer does not need to have much evidence to conduct a lawful arrest for DUI. Plenty of judges will allow an arrest to stand if the officer witnessed erratic driving and the driver smelled of alcohol. At the station, or DUI van, the officer will ask you if you want to voluntarily submit to a blood, breath, or urine test. If you do not submit to the test, the officer has the right to inform the Motor Vehicle Division. The MVD can then suspend your privilege to drive for one year, without exception. Additionally, the officer can then call a judge and obtain a warrant allowing that officer to draw your blood (and use necessary force if the driver resists). The judge will almost certainly sign a warrant which will allow the officer to take blood from you by force. So a refusal could result in losing your license for one year and still having your blood drawn.
During that conversation, you are likely to be talking about whether or not you should blow into the machine or give blood. This answer is a bit complicated, but in general you should submit to the blood or breath testing except in the following situations:
You typically should not submit to chemical testing if you know that you are probably over the legal limit AND:
- You have at least one prior DUI conviction within the last five years. If you have been convicted in the past 5 years, another DUI would lead to a suspension of one year anyway.
- Your license is currently suspended. Here, look to our section on Aggravated DUI. If your license is suspended anyway, you are facing felony prosecution which could send you to prison for months or possibly years.
- There has been an accident involving death or serious injury and it is your fault. Here, you could be charged with aggravated assault or manslaughter.
Remember, these three exceptions do not guarantee that the police officer will not get a warrant to draw your blood. Unlike refusing to answer any questions, the fact that you refused to submit to testing can possibly be used against you in trial. Also, some lawyers disagree with this strategy. There is no absolute right or wrong in this situation.
What if I was in an accident? A DUI case involving a traffic accident is by its very nature more serious. However, there are a number of factors that you have to look at to determine if the accident will significantly affect possible jail time. Here are the most common scenarios and how the prosecution typically deals with them.
- Single car accident where the driver is impaired. No one is hurt. Here, the prosecution typically will treat the case as a DUI. Technically they can charge the defendant with Endangerment, a class 6 Felony, or Reckless Driving, a class 1 Misdemeanor. Assuming the car wasn’t traveling at 100 miles per hour or that there aren’t any extraordinary circumstances, these additional charges are rare. Endangerment charges are typically reserved for situations where an impaired driver has a child 15 or younger in the car. Reckless driving is a class 1 Misdemeanor and does not by itself require jail time.
- Traffic accident where the driver is impaired but that accident was caused by another driver. No one was injured. Typically, the impaired driver won’t face a harsher sentence. But, the police tend to place the blame for the accident on the impaired driver. Though this may be unfair, unfortunately it is the reality. As long as no one is seriously hurt, the case will probably be treated as simply a DUI. Endangerment or Reckless Driving charges are more likely in comparison to the above scenario, but still somewhat uncommon.
- Traffic accident where the impaired driver caused the accident but then fled the scene. If someone was seriously hurt, this is a felony. Where no one was injured it is a misdemeanor. Many times in this scenario the police do not arrest the driver within two hours of the accident. When this happens, it makes it more difficult for the police to make a case of DUI. But where there is death or serious physical injury, a class 5 felony can be charged for leaving the scene of the accident.
- Traffic accident where the impaired driver caused serious physical injury. This scenario is usually charged as aggravated assault, a class 3 dangerous Felony. Unfortunately, the range of sentences is between 5 to 15 years. Serious injuries include broken bones, damage to internal organs, or any other injuries that represent a serious threat to the life of the victim.
- Traffic accident where the impaired driver caused death. This is charged as homicide. Consult an attorney immediately.
What if I had drugs in my system? A DUI drug offense is usually treated identically to a DUI alcohol offense, with the exception that a drug offense can lead to a longer license suspension or possible revocation.
What if I have been convicted of DUI in another state? It isn’t the job of a defense attorney to help a prosecutor convict their client. However, a DUI prior from another state is treated the same as a prior conviction here. The question will be whether or not the prosecutor will know about it. The Arizona Motor Vehicle Department is a member of the Problem Driver Pointer System (PDPS). This system allows the MVD to find out if there are any active suspensions in other States. It has been our experience that many prosecutors do not obtain this information prior to making a plea agreement. However, many jurisdictions require you to make a statement to the court that you do not have any other convictions within the past five years. This would include any out of State convictions. Let’s just admit that your attorney needs to navigate the system very carefully in this situation.
What is the Interlock Device? The interlock device is now generally required for every DUI offense starting early September. It used to be reserved only for multiple offense convictions or extreme DUI offenses. The short story is that it is an enormous pain because you must pay for it to be installed, have it serviced usually every month, and blow into it regularly so that your vehicle can start or continue to operate. There is no good way to spin this. In order for you to keep your license you have to prove that this device has been installed and activated for the required period of time. It used to be that one year would be enough. Now the MVD is requiring longer periods for high alcohol level cases. Please refer to the DUI offenses section of this site to learn the length of time required for each given charge.
What other penalties might I face if convicted for DUI? Some employers may require that you inform them of any criminal conviction. A DUI conviction could seriously affect you if you drive a company car, for example. Since your suspension or DUI conviction could likely lead to higher insurance rates, your employer may require that you stop using company vehicles upon conviction or suspension for DUI. A criminal conviction could also affect any professional license you hold. Some boards may require immediate notification upon any criminal conviction, including DUI, and you may face suspension or loss of your professional license.
What will happen at the police station? If you are arrested, you will most likely be taken to a police station or a mobile police station (DUI van). It is common for the officers to ask you biographical information as well as personal information about that evening. At the station, the police officer should give you a reasonable opportunity to speak with an attorney. This call should be private and confidential. A phone book should also be provided to you.
If the police had plenty of time to allow you to make the call, and they didn’t, it is possible to suppress the alcohol result. However, you can not unreasonably delay the process by talking for hours and hours, hoping that the level of alcohol in your system goes down. Generally, the police will give you about 10 minutes to speak with an attorney.
What is an Admin Per Se? According to Arizona law, the "per se" statute provides for immediate confiscation of your driver’s license if the breath test result is above the legal limit or if you refuse to blow, even though you are presumed innocent until proven guilty. An officer will able to take your driver’s license in exchange for a pink and yellow slip of paper, a temporary license which grants you permission to drive for 15 days or until your M.V.D. hearing.
Failure to request an M.V.D. hearing within 15 days of your arrest could result in a waiver of your right to a hearing, so your suspension would begin after the fifteenth day passes. Contact one of the DUI defense attorneys at Alcock& Associates, P.C. immediately after you are cited.
What if I did not know that there was a problem with my license? Sometimes, this may be a valid defense. However, the Arizona legislature has made this defense extremely difficult to prove. If the Motor Vehicle Department can provide evidence that notice of your suspension, cancellation, or revocation was mailed to your last known address, most courts will agree that this is sufficient to show that you did know, or should have known, about the status of your license.
Why do I have a Public Defender? Those who can not afford representation are typically assigned a public defender or contract counsel. Many of these attorneys are highly qualified and skilled advocates. However, just because you have been assigned a Public Defender does not mean that you will not have to pay for his/her services. The Court will make a determination very early in the process as to what an accused can afford for legal representation.
If I have a Public Defender, can I hire a private criminal defense attorney? Any individual charged with a criminal offense has the right to hire a private criminal defense attorney. Alcock & Associates, P.C. has the highest respect for fellow members of the criminal defense bar, and the mere fact that these lawyers are paid by the government does not mean that they are not quality attorneys. However, the firm recommends you follow these suggestions if you have been assigned a Public Defender and are considering hiring a private criminal defense attorney:
- First, you should call your Public Defender and arrange for a meeting. If they do not respond or do not want to meet with you, this is a warning sign. It is very hard for attorneys to represent clients that they do not know. We have to learn the facts from our client’s perspective and help our clients make important decisions regarding the disposition of their case.
- Second, once you meet with your Public Defender, ask them what they are planning to do. If your attorney immediately starts talking about a plea agreement, this is a pretty good indication that you are not receiving the highest level of representation.
- Finally, size up your Public Defender and ask yourself if this person could be persuasive. Attorneys are salespeople; they are selling you to the prosecutor, judge, and jury. If your public defender can’t persuade you that you are in good hands, can he or she persuade a group of jurors that you are innocent?
What if I don’t know my next court date? Often, people who are charged with Aggravated DUI do not have to appear in Superior Court until months after their original traffic stop. Frequently, people believe that their case has miraculously disappeared only to later learn that the County had issued a summons for their appearance or arrest warrant months after the arrest. If you were arrested for DUI, and you do not have a court date, the best thing to do is to go to the Maricopa County website. There, you can enter your name in the case information section to find out if your charges are pending. If you can’t find your name, that doesn’t mean that you are in the clear. This site is not perfect, and you may still need to contact an attorney to do a more comprehensive records check.
What should I expect at court? Since every case is unique, one of our DUI attorneys can carefully go over all of the details of your case to help you understand what happened and what is going to happen. Refer to the Process section of our site for a better understanding about the way a DUI case proceeds through the courts in Arizona.
What if I know that I am guilty? Here is the good news. If you have been charged with this type of offense, the County Attorney’s office has the discretion to negotiate with defense attorneys to reduce an accused’s sentence through a plea agreement. However, be very cautious before you accept any plea agreement on your own. An aggressive attorney is important as he/she will look for weaknesses in the prosecutor’s case and/or violations of your constitutionally protected rights.
What questions should I ask when hiring an attorney? It is tough to put your life in the hands of someone you just met. If you have warning bells going off in your head while you talk with an attorney, there is no reason why you can’t tell them that you want to consider your options. At an absolute minimum you need to ask the following before signing with any attorney.
- How much will it cost?
- Will I get a contract in writing?
- Will I be charged for telephone calls or office appointments?
- Are there other hidden fees that I don’t know about?
- If you have guaranteed an outcome can I get it in writing?
- Do you have experience handling actual trials? If so, how many cases have you handled?
Obviously, there are other questions that should be answered. But the major signs to look for are the general interest level that the attorney has in you and your case. At Alcock & Associates, P.C. we pride ourselves in our dedication to our clients and their cause. If you feel your interests and concerns are not being properly represented by a public defender or outside private counsel, contact us today.
How much should you pay for an attorney? Prices will vary depending on the nature of the case and the complexity of the issues. However, nobody accused of a misdemeanor DUI should be paying $7,000, $8,000, or even $10,000 for legal representation. Alcock & Associates, P.C. believes that excellent misdemeanor DUI representation can be obtained for an amount between $2,000 and $4,000 depending on the client’s case, financial history and the need for a payment plan.
If you are considering obtaining legal services somewhere other than Alcock & Associates, P.C., make sure to ask what the entire cost for representation will be. Many attorneys will say that a misdemeanor DUI will cost $2,000, but this will only be the start-up fee. Shortly after, bills will come for the "other" expenses and trial fees that turn a $2,000 initial fee into a $7,000 overall cost for representation. Alcock & Associates, P.C. offer clients a flat fee so they know exactly what the final cost is before ever going to trial. In order to be respected as a litigator, you have to litigate. Charging high trial fees keeps you out of trial. All of the attorneys at Alcock & Associates, P.C. have substantial amounts of experience in litigation, and are comfortable and capable of representing their clients’ interests in trial if an acceptable plea cannot be reached with prosecution. Contact us today.
How can I avoid serving time in jail? If you are convicted of a misdemeanor DUI, you will probably be required to complete a court ordered substance abuse screening program. At the outset you will be tested, and based on your performance you will be assessed a number of hours, ranging from 16 to more than 60. The testing considers your drinking history, how often you drink currently, if you have tried rehab or AA before, and the specific factors of your case. Many times, the court will impose a jail sentence that deletes some of the jail time if you complete the classes. You would normally be given many months to finish.
Try your best to complete the court ordered substance abuse program. We often have clients who come back to our office and admit that they have not finished the program. When this happens, it is possible to avoid the extra jail time, but not guaranteed.
When should I go to trial? The decision to go to trial is not the attorney’s to make. It is our job to explain any plea offer as well as the possible consequences of going to trial and losing. There have been times when a client has had a very strong case, but decided to go with the certainty of the plea agreement. Similarly, there have been times when a client went to trial when the evidence was strongly against him. Though an attorney may disagree with their clients choice, at Alcock & Associates, P.C. we strongly believe this choice is ultimately and absolutely the clients to make. The attorney’s job is to represent their client’s interests. Period.
That being said, there are some warnings to be aware of. First, the experience of trial is almost never fun. A typical jury trial takes two days. It is stressful and some find the process can be somewhat humiliating. Second, judges now have much broader sentencing ranges that they can consider. Years ago, people who went to trial and lost usually got the mandatory minimum sentences. Now, all bets are off. You need to be aware that a judge might sentence you to a week in jail for a first time DUI if your alcohol level is close to a .15 or if there was an accident. Here’s where talking with a lawyer is incredibly important. The choice to go to trial or accept a plea agreement is an intensely personal one, and should be made only after the case has been thoroughly examined and explained to you. For a thorough and specific explanation of the details and potential outcomes of your case, please contact an experienced DUI attorney at Alcock & Associates, P.C. today.
How long does a DUI case take? A DUI case typically lasts two to three days, depending on the circumstances. The process itself, from filing of charges and pre-trial motions to preliminary hearing and plea negotiations, can be burdensome and often take much longer. Please refer to the Alcock & Associates, P.C. DUI Process page for more information.
What is the difference between City Court, Justice Courts and Superior Court? Each type of court can only hear certain matters. The Court’s ability to hear a certain case is called jurisdiction. Generally, City Courts have jurisdiction over most civil, traffic, and criminal misdemeanor offenses. Therefore, if you are arrested in Phoenix by a Phoenix police officer for a misdemeanor DUI, you will have to appear in Phoenix City (Municipal) Court. Regardless where a criminal offense occurs, felonies will only be heard in Superior Courts.
What do I need to know about the Court I have to go to? Whether you are in City Court, Justice Court, or Superior Court, there are two rules that must always be followed: 1) Be on time; and 2) Be appropriate. Your attorney will tell you when and where you need to be. Remember that this is not a suggestion as the Judge or prosecutor will most likely be waiting for you exactly when you were ordered to appear. Additionally, understand that you are being judged the second you walk into a Court. Therefore, you want to demonstrate respect to the Court by dressing appropriately and conservatively, speaking politely, and acting respectfully.
While certain courts, judges, and/or prosecutors may have informal reputations, these should be disregarded and every case should be treated with the necessary care and precaution.
What happens at the Motor Vehicle Division hearing? An M.V.D hearing results when a motorist refuses to consent to a test to determine the concentration of alcohol in their blood following an arrest by an officer with reasonable grounds to suspect the motorist has been operating a vehicle under the influence of drugs or alcohol. An M.V.D. hearing differs from a criminal DUI case in that an M.V.D. hearing is a civil case, decided by an administrative judge rather than a jury. The State’s burden of proof (more likely than not) is easier to prove than in a criminal case (beyond reasonable doubt). If the arresting officers appear at trial, and the State proves its case, the Judge may order your license suspended effective 20 days after the decision is put in writing and mailed to you and/or your legal counsel.
If you were convicted of a misdemeanor DUI and have no prior convictions within the past 60 months, your license will likely be suspended for a period of 90 days, the first 30 of which you are not permitted to drive, and the remaining 60 of which you will be permitted to drive under severe restrictions (likely to and from work and home, and to necessary medical appointment). At the end of this 90 day period, you should be able to get the suspension lifted by appearing at your local MVD and paying a reinstatement fee.
The penalties will be more severe if you have prior DUI related suspensions or convictions, or aggravating circumstances, such as severe physical injury or driving with a minor under 15, were present in your DUI. In such case, your license will be suspended for the full 90 days and you will not be eligible for a restricted license upon lifting of the suspension. An MVD hearing is a complex and time consuming process with grave repercussions. Alcock & Associates, P.C. recommends that you consent to an officer’s request of either a breath, blood, or urine chemical test to avoid an MVD hearing, but in the event you are unable to do so, we are ready and willing to represent you and defend your legal rights in such a proceeding. Contact us today.
What happens after the 90 day suspension period? Your license does not automatically reinstate itself. After the 90 days you are not free and clear. You have to go back to the MVD and pay a reinstatement fee, and make sure you don’t have any other court action against your license. Believe it or not, the process is still not finished even after your license is returned to you by the MVD. At Alcock & Associates, P.C., we’ve have had clients come back to us with letters from the MVD stating that they issued the license in error and that it is not valid. We recommend ServiceArizona.com as a good resource to check the status of your license. Remember, it is a privilege to drive in this state, so it is your responsibility to keep checking. Never assume anything just miraculously "goes away."
What happens if I am pulled over (and not impaired) when my license is suspended for DUI? Assuming that you are not impaired at the time of your driving, you will probably be charged with a crime that requires two days in jail. There are three different types of license suspension. The most serious is a suspension that stems from a DUI where the driver is not eligible for reinstatement. For example, the typical suspension period for a first time DUI is 30 days, followed by a 60 day to-and-from work/school permit. An arrest during the work/school permit is rare. Usually the police will issue a warning. On the other hand, if you are stopped leaving a cocktail lounge at three in the morning, do not expect a police officer to give you the benefit of the doubt.
How many drinks does it take to get to be over the legal limit? When your blood alcohol content (BAC) reaches 0.08, you are considered too drunk to drive in every state. How many drinks you can have before reaching 0.08 depends on a lot of factors including gender, weight, number and type of drinks consumed, and the time interval between your last drink and the time you are pulled over on suspicion of DUI and tested.
For an estimate of what your BAC would be under different circumstances, please consult our BAC calculator. Though we are happy to handle your DUI case, Alcock & Associates, P.C. strongly believe that information and awareness are the best tools to prevent a DUI conviction
Will my car insurance increase? Unfortunately, yes. Most auto insurance companies will substantially increase their premiums following a DUI conviction. There is a social stigma attached to DUI conviction, and few laws to protect the rights of those charged with or convicted of a DUI. This is why it is essential that your interests are represented by a capable and experienced DUI defense attorney. For representation, contact Alcock & Associates, P.C. today.
I’m under 21 and have been charged with DUI? Arizona has harsh laws regarding drinking and driving by underage drivers. While adults must have a blood-alcohol content of .08 to be charged with DUI, minors and young adults under the age of 21 can be charged with DUI for having any alcohol in their system, even if it does not appear to be impairing their ability to drive. The penalties for are the generally the same as for adults. Please refer to the DUI Laws section of our website for more information on the penalties associated with a DUI conviction.
What will happen to my commercial driving license? There are harsh restrictions on drivers operating a commercial vehicle while intoxicated. Where the standard blood-alcohol level for conviction of a first time misdemeanor DUI offense for an adult is normally .08, an adult with a commercial driver license operating a commercial vehicle with an blood-alcohol level of .04 or more can be arrested and charged with a DUI. Upon conviction, you can expect a sentence of no less than ninety days in jail, thirty days of which shall be served consecutively. Furthermore, you and will not eligible for probation, your license will be revoked for one (1) year, and you may be required to serve a number of hours of community service. In some instances, a judge may suspend all but thirty days of your sentence upon completion of a court-ordered alcohol or drug treatment program.
What if I have an out of state license? If you are an out-of-state resident and facing with a DUI arrest or conviction in Arizona, chances are you will be able to drive outside Arizona until your home state is notified that your driver’s license has been suspended. All states subscribe to a centralized nationwide database that tracks driving records. So it is only a matter of time before your state gets word of your DUI and revokes your driving privilege.
What if I have been convicted of DUI in another state and am now facing a DUI charge in Arizona? It isn’t the job of a defense attorney to help a prosecutor convict their client. However, a prior DUI issued in another state is treated the same as a prior conviction here. The question will be whether or not the prosecutor will know about it. The Arizona Motor Vehicle Department is a member of the Problem Driver Pointer System (PDPS). This system allows the MVD to find out if there are any active suspensions in other states. It has been our experience that many prosecutors do not obtain this information prior to making a plea agreement. However, many jurisdictions require you to make a statement to the Court that you do not have any other convictions within the past five years. This would include any out-of-state convictions. Your attorney will need to navigate the system very carefully in such a situation.
