Law Applicable to Drivers License Suspensions/Revocations
A.R.S. 28-1852 – Drivers License Compact –
For drivers license suspension and or revocation Arizona reports
convictions to the licensing authority of Defendant’s home
state for:
(A) DUI/DWI.
(B) A felony where a motor vehicle was used.
(C) Manslaughter or negligent homicide caused by the operation
of a motor vehicle.
(D) Failure to stop and give aid after a motor vehicle accident
that caused injury or death.
Pursuant to A.R.S. 28-3303. the Arizona Department of Transportation
receives reciprocal notice from outside the state when an Arizona
licensee has been convicted for an offense in another jurisdiction
that causes revocation or suspension of an Arizona drivers license.
A.R.S. 28-1321 – Implied Consent for DUI and or vehicular
crimes –
A. The driver of a motor vehicle in Arizona, who is accused of
DUI and or a vehicular crime consents “to a test or tests
of the person's blood, breath, urine or other bodily substance for
the purpose of determining alcohol concentration.”
A.R.S. 28-673 – Implied Consent for Traffic Accidents
-
A. The driver of a motor vehicle in Arizona “gives consent
to a test or tests of the person's blood, breath, urine or other
bodily substance for . . . determining alcohol concentration or
drug content if the person is involved in a traffic accident resulting
in death or serious physical injury.”
A refusal to comply with either A.R.S. 28-1321 or A.R.S. 28-673
causes the violator’s driver’s license to “be
suspended or denied for twelve months, or for two years for a second
or subsequent refusal within a period of sixty months.”
A.R.S. 28-1463 – No Proof of Ignition Interlock
– Equals an at least a 12 month suspension. When no hearing
is requested by the licensee suspension shall be immediate.
A.R.S. 28-3308 – Failure to Appear for Court
– For certain crimes involving motor vehicles if the Defendant
does not show up “the department shall suspend the person's
driver license . . . until the person appears, the fine or civil
penalty is paid or a bond is forfeited.”
A.R.S. 28-708 – Street Racing – “[T]he
judge may require the surrender . . . of any driver license of the
person” convicted.
A.R.S. 28-693 - Reckless Driving – For the
first conviction “the judge may . . . order . . . driving
privileges . . . suspended for . . . not more than ninety days.”
For the second conviction . . . the department shall revoke the
driving privilege of the person.”
A.R.S. 28-672 - Accidents and Moving Violations Causing
Serious Injury or Death - If the victim is seriously injured
because (1) a driver fails to stop at or leaves a red light early.
(2) Turns left at an intersection without yielding, and or (3) does
not properly stop at a crosswalk the court “may direct the
department to suspend the person's driving privilege for ninety
days.” If the victim dies the court “may direct the
department to suspend the person's driving privilege for one hundred
eighty days.”
A.R.S. 28-3304 - Mandatory Revocation - 1. Homicide.
2. Aggravated Assault with a motor vehicle. 3. DUI/DWI. 4. A felony
involving a motor vehicle, including theft of or unlawful use of
means of transportation. 5. Drive by Shooting. 6. Failure to stop
and give aid after a motor vehicle accident which causes injury
or death. 7. Perjury relating to ownership or operation of a motor
vehicle. 8. Conviction or forfeiture of bail for Reckless Driving
and or Racing.
A.R.S. 28-857 - Overtaking a Stopped School Bus -
“The judge . . . may suspend for not more than six months
the driver license of a person convicted of a second or subsequent
violation.”
A.R.S. 28-662 – Failure to Stop for an Accident that
Causes Property Damage to a Vehicle – A court may
order a one-year suspension.
A.R.S. 28-3315. - Period of Suspension for Unlicensed Drivers
-
License revoked by the court for: Vehicular Homicide, Vehicular
Aggravated Assault, Aggravated DUI/DWI, conviction or forfeiture
of bail not vacated on a third or subsequent charge of DUI/DWI -
Three years.
“A driver who is involved in an accident resulting in an
injury other than death or serious physical injury” –
Three years.
“A driver . . . involved in an accident resulting in death
or serious physical injury” – Five years.
A.R.S. 28-3322 - Suspension for persons DUI/DWI under 21
–
Upon receipt of conviction “the department shall . . . suspend
the driver license . . . two years.”
A.R.S. 28-3321 – Moving Violations by Licensed Drivers
Under 18 -
A person under 18 whom receives a second conviction for a civil
or moving traffic violation shall receive a 3-month drivers license
suspension, on the third conviction a 6-month suspension.
Some Other Reasons to Suspend the Drivers License of a
Person Under 18
DUI/DWI conviction – 2 years.
Aggravated DUI/DWI conviction – 3 years.
Using a fake I.D. or the I.D. of another person –
Not less then 6 months for a first conviction, 12 months for a second
or subsequent conviction.
Until the person's 18th birthday for a conviction of:
(1) Defacing or damaging any structure with graffiti.
(2) Purchasing or possessing items for graffiti.
(3) Any drug offense.
(4) Theft of a motor vehicle.
(5) Unlawful use of a means of transportation
(6) An offense involving a firearm.
Until the person's 18th birthday or for two years for a conviction
of:
(1) A second or subsequent violation for underage drinking.