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I’m a Licensed Contractor & I Got a DUI

In Arizona, any business which contracts or offers to contract to build, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, development or improvement, or to do any part of the work must be a licensed contractor. The contractor license is issued to the business entity, not to the individual owners. The licensee may be a sole proprietorship, a partnership, limited liability company, or a corporation. Residential and commercial contractors are licensed and regulated by the Arizona Registrar of Contractors.

If you are an owner of a business that has a contractor license or are considering becoming a contractor, you might have questions about whether getting a DUI will affect your livelihood.

Can I Have a DUI on my Record and Get a Contractor License?
When you apply for a contractor license, you must fill out paperwork regarding your criminal history to obtain a license. It specifically asks if you have been convicted on any misdemeanors or felonies. You will have to disclose your history but it will not necessarily prevent you from getting a license.

All DUIs are misdemeanors, except for aggravated DUI, which is a felony. A felony conviction is sufficient grounds for the Registrar to deny you a license. A misdemeanor DUI conviction is not.

You are also required to submit a set of fingerprints for a background check. If you lie about your DUI history, the Registrar will discover it.

I had my Contractor License when I was Arrested for DUI. Do I Have to Report it to the Registrar?
No. You do not have to report any DUI arrest. If you are convicted of DUI, extreme DUI, or super extreme DUI, you are not required to report it to the Registrar. If you are convicted of aggravated DUI, which is a felony, you must disclose this conviction when you renew your license every two years.

Can I Still Rent Motorized Construction Equipment?
When you get a DUI, your driver’s license will be suspended for 90 days. You may not legally perform any job functions that involve driving while your license is suspended. This includes driving any motorized construction equipment. You may not rent any motorized equipment during your suspension if you must provide a valid driver’s license; however another person in your company may do so.

After the first 30 days of your suspension, you may apply for a restricted driving permit to restore some of your driving privileges.

Will I Lose My Contractor License?
Conviction of a felony is grounds for suspension or revocation of your license. It is also grounds for not renewing your license. When you report your felony aggravated DUI conviction, your license may be suspended or revoked.

Can I Have the Registrar’s Decision Reviewed?
Yes. The Registrar of Contractors provides the opportunity for a rehearing or review of its decisions. There you may argue that the suspension, revocation, or failure to renew your license was excessive or in error. These decisions are reviewed by the Office of Administrative Hearings.

If you have been arrested for DUI, contact an attorney for DUI at Oracle Law Group Office P.C. for assistance with your DUI case.

Photo credit: Klearchos Kapoutsis from Flickr