How long does a DUI stay on your record in Arizona?

After being charged with drunk driving, you may have serious concerns about how a conviction will impact your life and how long a DUI stays on your record in Arizona. Not only could you be facing criminal penalties associated with a guilty verdict, but your criminal record will reflect your DUI conviction for the rest of your life. 

This means when you have opportunities available to you that require a background check, those running the background check will see your conviction. However, with help from an experienced lawyer that specializes in DUIs, you could avoid the harsh penalties of a criminal conviction and protect your future. 

Although you may not always be able to seal your DUI record or obtain record sealing or expungement for a DUI, you may be eligible for a “set aside”. A reputable DUI attorney at The Law Offices of Hernandez | Hamilton | Lamoureux can help you explore your options and will be prepared to defend you if your case goes to trial. Here is more about how DUIs work in Arizona, what it means to obtain a “set aside”, and how a conviction could affect your future.

Arizona DUI Laws and “Set Asides”

Before 2023, Arizona law did not allow DUI convictions to be sealed or expunged. However, under Arizona Revised Statutes (ARS) § 13-907, DUI convictions can be set aside. Here, the court system will set aside your guilty verdict and dismiss your case. 

The conviction will not be removed from your criminal record. However, it can significantly reduce the impact the conviction will have on your housing, job, finances, or other opportunities. 

For example, if you have previously been convicted of a DUI and get your convictions set aside, when you apply for a job, prospective employers are more likely to hire you. 

Not every individual convicted of drunk driving will be eligible for a set aside. Set asides can only be granted when individuals have completed the terms of their initial sentence.

Qualifying For a Set Aside

Completing the requirements of your initial DUI conviction is not the only thing you need to do to get approved for a set aside. Several factors will be taken into consideration by the judge presiding, including:

• Whether you have multiple DUI convictions on your record
• Whether you complied with the terms of your probation
• How old you were when you were convicted of drunk driving
• The specific circumstances of your DUI case
• Whether you paid restitution to the state or victims in your case

It should be noted that you do not need to wait to apply for a set aside once your DUI case has been discharged. There is also no filing fee to apply, so there are no financial limitations holding you back from getting your DUI set aside.

Is a Set Aside the Same as Record Sealing or Expungement?

Set asides are not the same as record sealing or expungement. When you get a record sealed, when a background check is run, the criminal records will not reflect the conviction that has been sealed. 

When you obtain an expungement, the criminal conviction is completely erased, making it as if it never happened. However, neither of these options was previously available in Arizona DUI cases, which is why you should consider whether you are eligible for a set aside, especially if your DUI arrest occurred before January 1, 2023.

How to Avoid a DUI Conviction

The best way to avoid a DUI conviction ending up on your criminal record is to avoid a guilty verdict altogether. Our DUI lawyers will scrutinize the evidence and details of your case to determine which defense is most likely to produce a favorable outcome. There are many types of DUI defenses that could apply to your case. However, some of the most successful DUI defenses include:

• Law enforcement or arresting officers did not administer your field sobriety test accurately
• Arresting officers did not conduct breathalyzer tests correctly
• The police did not have probable cause to pull you over
• You were dealing with a medical issue that can resemble intoxication, as seen with diabetic comas, for example
• You have a medical condition that caused an inaccurate breathalyzer or blood alcohol concentration (BAC) reading
• The breathalyzer law enforcement used was defective or malfunctioning
• Your BAC samples were contaminated
• Police failed to conduct a 15-minute observation period as required by law before administering your evidentiary breath test
• Mistake of fact
• Lab technicians fail to carry active certifications

These are just a few DUI defenses our clients have used. The specific circumstances of your case will determine which defenses are most suitable for you. We can discuss your options in further detail during your initial consultation.

Arizona DUI Penalties 

If you are found guilty of drunk driving or operating a vehicle under the influence of drugs, the penalties may be severe. Even first-time offenders may face harsh consequences if convicted. In many instances, you could be facing fines, suspension or revocation of your driver’s license and even jail time. You may also be ordered to complete drug or alcohol education courses, a drug or alcohol treatment program, and be required to install an ignition interlock device (IID) at your own expense. Unfortunately, these are not the only penalties.

How Long a DUI Remains on Your Driving Record in Arizona

A DUI will remain on your criminal record forever unless you get it expunged or sealed. However, it will also have an impact on your driving record. The Motor Vehicle Division (MVD) maintains all motorists driving records. Once you are convicted of a DUI, it will remain on your driving record for a specific period of time. 

Anyone found to have a BAC of .08% or higher, but less than .15% can expect the DUI conviction to remain on the record for a minimum of five years. However, if your BAC levels were at .15% or higher, but less than .20% or higher, you will be convicted of an extreme DUI, which will be reflected on your driving record for a minimum of seven years. If you are found to have a BAC level of .20% or higher you will be convicted of a super extreme DUI, which will be reflected on your driving record for the next 10 years. 

These restrictions will begin from the date of your DUI. When a felony conviction is reflected on your driving record, it may make it difficult or impossible for you to continue earning a living. You may also find that your car insurance rates are significantly higher, which you may not be able to afford. Further, when you go to renew your driver’s license, the MVD may deny your application.

Consequences of a First DUI in Arizona

First-time DUI convictions may seem minor, but the penalties are often severe. If you are found guilty of a first-offense DUI, you might face:

• A one-year license suspension
• Up to three years on probation
• Six months in jail
• Fines of up to $2,500
• Ignition interlock device installation requirements

The more DUIs you have on your record, the greater the penalties will be. If you have multiple DUIs on your record, the court system may be unwilling to grant your application to get your DUI set aside. For this reason, it is crucial to get the legal support of an experienced DUI attorney who can advocate for your rights and introduce compelling evidence to get the DUI charge against you reduced to a lesser offense or dismissed entirely.

Do Not Forget About Collateral Consequences 

It is also important to consider the impact your DUI conviction will have on the rest of your life. Criminal penalties are not the only way you will be affected. Some of the most common types of collateral consequences DUI convicts face include:

• Child custody and visitation issues
• Immigration or citizenship problems
• Loss of federal student aid eligibility
• Being passed over for job opportunities
• Housing restrictions
• Loss of your professional license
• Damage to your personal and professional reputations

Ways to Get a Misdemeanor DUI Off Your Record in AZ

As of 2023, Arizona has new laws in place to allow DUI convictions to be expunged. However, you must meet specific eligibility requirements to be granted expungement. According to ARS 13–911, you may qualify for record sealing or expungement for a DUI if certain conditions are met, including:

• The DUI against you was dismissed after you were charged
• You were found not guilty
• You completed the terms and conditions of your court-imposed sentence
• You were arrested for a DUI but no formal DUI charges were ever filed

Although a set aside can give you an opportunity to rebuild your life despite a DUI on your criminal record, if you can get these charges sealed or expunged, it could be life-changing. Do not hesitate to discuss your legal options with an experienced attorney to figure out how you can protect your reputation.

Meet With an Arizona DUI Attorney Today

DUI convictions can remain on a defendant’s criminal record permanently. However, that does not mean you are not without options to protect your future and prevent a DUI conviction from ruining your life. You may be able to get your DUI conviction set aside, expunged, sealed, or work with an experienced Arizona DUI lawyer to clear your name of the allegations against you. 

Explore your defense options further when you get help from a reputable Arizona criminal defense attorney at The Law Offices of Hernandez | Hamilton | Lamoureux. Fill out our confidential contact form or call our office to schedule your defense strategy session as soon as today.

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