A DUI arrest can be confusing and overwhelming. The immediate aftermath may feel chaotic, but understanding the process is the first step toward regaining control. A DUI arrest in Flagstaff triggers two legal actions: a criminal case in court and an administrative case with the Motor Vehicle Division (MVD). Both have their own deadlines and consequences.
This article will walk you through the key stages of the post-arrest process and explain why it’s important to act quickly.
The Arrest and Your Initial Release
The process begins the moment a police officer pulls you over in Flagstaff. After administering a field sobriety test and/or a chemical test, such as a breathalyzer, if the officer determines you are impaired, you will be arrested and taken to the Coconino County Detention Facility.
While you are there, the police will gather evidence and process you. You may be held for several hours, either until you are sober enough to be released or until bail is posted. When you are released, you will receive a citation with a court date. You will also receive an important document: an Administrative Per Se/Implied Consent Affidavit. Do not lose this document, as it is critical to your case.
The Administrative Per Se License Suspension
This is often the most time-sensitive part of the process, which is why it’s important to contact a lawyer immediately.
When you are arrested for a DUI, the arresting officer confiscates your driver’s license and gives you an Administrative Per Se (APS) form. This document serves as a temporary driving permit for 15 days from the date of your arrest. The form also serves as a formal notice that your license will be suspended for 90 consecutive days (with restricted driving possible after the first 30) unless you request a hearing.
You have a very small window of time to contest the suspension by requesting a hearing with the Arizona Motor Vehicle Division. This hearing is separate from your criminal case, but a favorable outcome can help you keep your driving privileges. Failing to request a hearing within 15 days means your license will be automatically suspended.
The Criminal Court Process in Flagstaff
Depending on the specifics of your charge, your case will typically be in Flagstaff Municipal Court for misdemeanors or in Coconino County Superior Court for felony DUIs. The court process usually starts with an arraignment.
What is an Arraignment?
The arraignment is your first formal court appearance. During this hearing, the judge will read the charges against you, after which you will enter a plea of guilty, not guilty, or no contest. Although it is a procedural step, it marks the official start of your criminal case. If you have an attorney, they can usually appear on your behalf at this stage.
After the arraignment, your case will proceed to a series of hearings, including pretrial conferences and potentially a trial. The entire process can be lengthy and complex.
Understanding Your DUI Charges in Arizona
Arizona has some of the strictest DUI laws in the country. The penalties you face depend heavily on your blood alcohol content (BAC) and the circumstances of your arrest.
- Standard DUI: A BAC of .08% or higher
- Extreme DUI: A BAC of .15% or higher, which carries mandatory jail time
- Super Extreme DUI: A BAC of .20% or higher, which carries even harsher penalties
A conviction for any of these offenses can result in mandatory jail time, substantial fines, the installation of an ignition interlock device in your vehicle, and the requirement to undergo alcohol screening and classes. You can find the official penalties for these offenses in Arizona Revised Statutes A.R.S. § 28-1381 and its related sections.
What About Refusing a Test?
Refusing to take a chemical test, such as a blood or breath test, when an officer requests it triggers an immediate 12-month license suspension, regardless of the outcome of your criminal case. A second refusal within 7 years can result in a 2-year suspension. This is another reason why it’s important to immediately consult with a DUI lawyer who understands the local laws.
Why You Need a DUI Lawyer Immediately
If you’ve been arrested for a DUI in Flagstaff, AZ, the most important decision you can make is to contact a skilled DUI defense attorney as soon as possible. The legal process has tight deadlines and serious consequences, so it’s not something you should navigate alone.
An experienced DUI lawyer can:
- Advise you on your rights and the best course of action from the start.
- Handle the MVD hearing request to attempt to save your driver’s license.
- Challenge the prosecution’s evidence. This includes the legality of the stop. It also includes the accuracy of the breathalyzer test. Challenge the chain of custody for blood samples.
- Negotiate with the prosecutor. Seek a reduction of charges or a more favorable outcome.
The complexities of DUI law in Northern Arizona demand a professional who knows the system inside and out. Don’t risk your license, your freedom, or your future by going it alone.
Take Control of Your Future
A DUI arrest in Flagstaff, AZ, is serious, but not the end of the road. Understanding the administrative and criminal processes and acting quickly to secure legal representation can give you the best possible chance at a positive outcome. If you are facing a DUI charge, time is of the essence.
To discuss your case and understand your options, please contact our dedicated Flagstaff defense team today for a free and confidential consultation.