Will they suspend my license at the initial appearance for 4 felony DUI charges? What would be possible outcomes in my case?

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Was arrested on 6/28/2008 for having "actual physical control of a vehicle". The police were called because I disciplined my child in the vehicle,though there was no evidence of child abuse. It was the summer in extreme weather so I had the car on, never taken it out park, with the A/C running as I waited for my child to calm down. I met my friend at this facility after work. My child had spent the previous night and that day with this friend. AT NO TIME did my vehicle move on the above day with my child in the vehicle. I had consumed alcohol and breathilizer BAC of .21% and also had 2-4 grams of Marijuana at the time of arrest (blood test taken once in custody). I have absolutely no criminal record. After going to jail, being bailed out, and appearing at my first scheduled court date I was told that my charges were "scratched" and that I did not have to comply with subsequent court dates or restrictions. During the following 8 months I have voluntarily completed a 36 hour outpatient substance abuse program, attended anywhere from 2-5 AA meetings a week, and also continue to receive counseling 2-4 per mth at place where i did 36hr rehab. I was working FT and going to school FT for my paralegal and had a 4.0/ half way through the program for my legal studies. I withdrew from school to get myself together and for uncertainty of my future driving priveleges. Requested and admin. hearing at DMV about suspension action issued 10/2008, officer didn't show, DMV vacated suspension. Now 4 felony charges were filed on 2/13/2008 county picked up case. Single mom

Attorney Answers

2
Okorie OkorochaDUI / DWI AttorneyStudio City, CA ·
Arizona is the WORST STATE EVER to get a DUI in, let alone multiple DUIs. You have much more to worry about such as state prison. My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.
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Hamid Jabbar ·
Felony DUI is more serious than misdemeanor DUI and you can actually have your license revoked for 3 years. Note that a "revocation" is different than a "suspension" in that a revocation states the minimum amount of time and there is no automatic reinstatement at the end of the revocation period. If you cannot afford an attorney, you need to request the court to appoint one given the seriousness of this situation and the possibility of actual prison time. Just FYI, Arizona case law does not require the vehicle to be moving to prove "actual physical control of a vehicle" but you may have other arguments, and juries are unpredictable and may not like the government's case.
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