UNDERSTANDING ARIZONA’S MVD POINT SYSTEM AND HOW IT IMPACTS DRIVERS AND COMMERCIAL DRIVING LICENSE HOLDERS
Facing a DUI takes a toll on the individual, often times leaving the driver unsure how to maneuver the criminal justice system without much guidance. However, many drivers do not consider the impact a DUI has on their license. Much like a simple speeding violation, a DUI will add points to your driver’s license.
This article explains Arizona’s point system, and how various offenses calculate into point valuations.
MVD’S POINT VALUTION SYSTEM
Arizona’s MVD point system is rooted in administrative code, Code R17-4-404. Both civil and criminal traffic violations carry points that stem from this code and applied against a driver’s license. Here are some of the common driver point valuation in Arizona:
- DUI in violation of A.R.S. 28-1381-83 = 8 points
- Reckless driving = 8 points
- Racing on the highways = 8 points
- Aggressive driving = 8 points
- Failing to stop at a red = 6 points
- Failing to yield right of way when turning left = 6 points
- Failing to yield the right of way to a pedestrian = 6 points
- Failure to stop for school bus signal = 6 points
- Failure to stop at a posted stop sign that results in causing death = 6 points
- Failing to use reasonable and prudent speed = 3 points
- Driving over, across or parking in any part of a gore area = 3 points
PENALTIES FOR CDL HOLDERS
Those holding a CDL licenses are punished worse than those with regular driving licenses. If a CDL driver gets a DUI, the MVD will then disqualify the person from driving a commercial vehicle for at least one year from the date the driver is convicted. See A.R.S. 28-3312(A)(1). While the legal BAC limit in Arizona is .08, CDL drivers have a lower threshold of .04. Even worse, the MVD will revoke a driver’s CDL permanently if he or she is convicted with a second DUI. See A.R.S. 28-3312(E)(1) and (E)(2).
Additionally, when a CDL driver flees the scene of a car accident, uses the truck to commit a felony, or causes a fatality through negligence, the 1-year license suspension also kick into effect.
Some of the other penalties commonly associated with CDL holders involve serious accidents as defined under A.R.S. 28-33112(J). Serious accidents within this provision include some of the following:
- Speeding 15 miles above the posted speed limit
- Reckless driving
- Aggressive driving
- Improper lane change
- Following a vehicle too closely
- Driving a commercial vehicle when the driver has not been issued a valid CDL
If a driver is convicted of two serious traffic violations within a 3-year period, then his or her CDL license is suspended for 60 consecutive days. A.R.S. 28-3312(vi)(5). When the driver commits a third serious traffic violation in that same 3-year span, the license is then suspended for at least 120 consecutive days. A.R.S. 28-3312(vi)(6).
While the points added for a non-commercial driver’s license are severe, it is important to understand that the MVD penalties for a CDL driver are harsher. These penalties can cost a CDL driver his or her job, and ultimately their livelihood.
If you have been charged with a DUI, or are a CDL driver facing a DUI or suspension issue, you cannot gamble your freedom and liberties.
Call (480) 551 – 0407, or visit Chuck Franklin Law for a free consultation.