Vernon E. Peltz
Attorney at Law

DRIVERS LICENSE POINTS


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Vernon E. Peltz
PMB 351 7925A North Oracle
Tucson, Arizona 86704-6316
(520) 623-5225
Email: Vernon@vpeltzlaw.com


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.

DUI/DWI

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.