Arizona DUI -- Administrative Hearings and Driver's License Suspension

ACT NOW -- YOU MAY HAVE LESS THAN
15 DAYS TO SAVE YOUR DRIVER'S LICENSE

When you deliver a sample of blood, breath or urine showing an alcohol concentration of .08 or greater, certain administrative sanctions may apply through the Arizona Department of Motor Vehicles in addition to the criminal charges pending against you. If you fail to take immediate action your privilege to drive in the state of Arizona will be automatically suspended or revoked for a period of 90 days to two years. Longer periods of revocation may apply if you are convicted of "Aggravated DUI."

If your alcohol concentration purports to have been .08 or greater, the police gave you two copies of an "Admin Per Se / Implied Consent Affidavit." You were given the pink and yellow copies of this form. This document constitutes notice that you have 15 days from the date of your arrest to request a hearing in the matter of the administrative or implied consent suspension of your driving privileges. A timely request for a hearing stays the suspension of your driving privileges.

The DMV hearing is also an excellent discovery tool. The hearing before the Department of Motor Vehicles usually takes place months before your criminal trial on the DUI charges. Apart from the issue of your right to drive, the hearing provides the first opportunity to commit police personnel to a "story" under oath. Inconsistencies between their testimony at the DMV hearing and their testimony at trial provides valuable grounds for impeachment.

Our office will file the necessary paperwork to protect your right to drive pending a hearing before the Arizona Department of Motor Vehicles. At the hearing before the Department, the State will be represented by professional witnesses intent on depriving you of the right to drive. You will not be alone. You will be represented by knowledgeable and experienced counsel who will fight for your rights.